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Family Law Keyed to Weisberg
Hicks v. City of Tuscaloosa
Citation:
870 F.3d 1253 (11th Cir. 2017)Facts
After her pregnancy, Hicks was reassigned from the narcotics task force to the patrol division. Her doctor wrote a letter to her boss, Chief Anderson, recommending that she be considered for alternative duties because the ballistic vest she was now required to wear on patrol duty was restrictive and could cause breast infections that lead to an inability to breastfeed. But Chief Anderson did not believe that Hicks had any limitations because other breastfeeding officers had worn ballistic vests without any problem. Hicks requested a desk job where she would not be required to wear a vest and assurances that she would be allowed to take breaks to breastfeed. However, Chief Anderson did not consider breastfeeding a condition that warranted alternative duty and replied that Hicks’s only options for accommodations were (1) not wearing a vest (which is dangerous) or (2) wearing a vest that could could be specially fitted for her (but was ineffective because it left gaping, dangerous holds). Hicks resigned and filed suit against the City of Tuscaloosa alleging pregnancy discrimination.
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