Women Sue Railroad Over Treatment Of Pregnancy

Impending motherhood and the Burlington Northern Railroad are not on track, say two women who are suing the railway for alleged discrimination against pregnant women.

Having a pregnant woman on the job ``just threw everybody for a loop,'' Lori Austin, a locomotive engineer, said yesterday after her complaint was filed in King County Superior Court.

Austin and Janet Gryczan contend in the lawsuit that the company refused to give them light-duty assignments while they suffered pregnancy-related disabilities, even though other workers were assigned light duties for temporary, nonwork-related disabilities.

Both women contend they were forced to quit after they had worked for BN for 10 years.

Austin, now a mother, is back as a locomotive engineer for BN. Gryczan, who was a conductor and switch operator, also has had her baby and now is an assistant conductor for Amtrak.

The American Civil Liberties Union, whose attorneys filed the suit, allege that the railway is required under state law to treat a disability arising from pregnancy just as it treats any other medical disability.

Besides the light-duty issue, the two also are targeting a second company policy that requires women in strenuous jobs to stop working after the 26th week of pregnancy unless they get company approval to stay on the job.

Gryczan said other Burlington Northern employees on light duty receive their basic rate of pay.

The two say they were given various reasons for the company's policy excluding pregnant women from light-duty assignment. Gryczan said she was told she could not have light duty because the disability would last for more than 30 days.

Austin said she asked for light duty during the first trimester of pregnancy, which for many women is the most difficult, but was turned down.

``I was very nauseated and had to use the restroom quite frequently,'' Austin recalled. ``I had no one to relieve me (as the engineer) There was no one to take over. . . I had no access to a restroom.''

Patrick Hiatte, a BN spokesman, said officials have not seen the suit, but added, ``We do not discriminate.''

``We do treat pregnancy as we would any other disability when it comes to the restricted-work program,'' he said. ``The restricted-duty program is not a benefit but a rehabilitation tool. It can be used at the end of a period of disability to help an employee who has been disabled get back into his or her normal duties.''

The two women are asking for a court order to prevent the railway from discriminating on the basis of sex, general and special damages and other relief including fees and costs.