Specifically, DOCS categorically determined that such a female employee who gives birth to a child should be transferred from workers compensation leave benefit status, for which she was otherwise determined to be eligible, to maternity (or child-rearing) leave status, with a far lower level of benefits. The transfers occurred without DOCS making a determination as to whether, in an individual case, an employee continued to be eligible for workers compensation leave and benefits. The EEOCs lawsuit, which challenged the same DOCS policy as the United States lawsuit, was filed pursuant to the Equal Pay Act, which requires that employers pay men and women equal pay for equal work. Title VII provides for the Department of Justice to have exclusive enforcement over state and local government employers, such as DOCS, whereas the EEOC has exclusive enforcement authority under the EPA. DOCS agreed to provide anti-discrimination training to employees across the state, and to provide training in the administration of workers compensation benefits to its personnel employees, over the period of the settlement agreement. DOCS further agreed to distribute a maternity leave notification, outlining DOCS policies and practices relating to maternity and child-rearing leave and workers compensation leave, to each employee who notifies DOCS of her pregnancy. read more

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