Tag Archives: Pregnancy Discrimination

Hospitality Industry Employment Risks: Mississippi Hotel Sued For “Pregnancy Discrimination” By EEOC; Woman Fired On First Day Of Work After Informing Manager Of Pregnancy

“…According to the EEOC’s suit, (the employee) informed her manager of her pregnancy on her first day of work.  That evening, the manager terminated Harmon and replaced her with a non-pregnant employee, the EEOC said…”

EEOC“Employers cannot penalize women for choosing to have a family,” said Katharine W. Kores, district director of the EEOC’s Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi.  “This agency will continue to work to eliminate this type of discriminatory conduct.”

Jiji, Inc., a Holiday Inn franchisee located in Batesville, Miss., violated federal law when it fired an employee because of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act.  The EEOC filed suit, Civil Action No. 3:13-cv-00212, in U.S. District Court for the Northern District of Mississippi, Oxford Division after first attempting to reach a pre-litigation settlement through its conciliation process.  The suit seeks back pay, compensatory and punitive damages, reinstatement and injunctive relief.

Jiji, Inc. is a Mississippi corporation based in Batesville that owns, manages, and operates hotel facilities in Mississippi. The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/8-22-13.cfm

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Hospitality Industry Legal Risks: North Carolina Franchise Restaurant Sued By EEOC For “Pregnancy Discrimination”; Refused To Hire Woman Who Was Six Months Pregnant

“…(the plaintiff) interviewed for a team member position with the restaurant’s owner at the restaurant around Nov. 16, 2012…at the time of the interview Morrison was six months pregnant.  During the interview, the owner asked Morrison a series of pregnancy-related questions such as EEOChow many months she had been pregnant; when she was expected to deliver; her childcare plans after giving birth; and how much maternity leave she planned to take…”

“Working women who choose to have children cannot be penalized or treated differently from other employees simply because they are pregnant,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office.  “Employers must remember that refusing to hire a woman because she is pregnant violates federal law, and the EEOC will enforce that law.”

A Chick-fil-A franchise restaurant violated federal law when it refused to hire a female job applicant because she was pregnant, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC’s complaint, John Charping, d/b/a Chick-fil-A at Concord Commons, refused to hire Heather Morrison because she was pregnant.    Although Morrison felt that the owner’s questions were inappropriate, she answered them because she wanted the job.  Three days after the interview, the owner called Morrison and informed her that she would not be hired.  The owner told Morrison to call back after she had the baby and had childcare in place.  The EEOC argues that Chick-fil-A at Concord Commons denied Morrison a job because she was pregnant.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA).  The EEOC filed suit in the U.S. District Court for the Middle District of North Carolina (Equal Employment Opportunity Commission v. John Charping d/b/a Chick-fil-A at Concord Commons, Civil Action No.1:13-CV-00535), after first attempting to reach a voluntary pre-litigation settlement through the agency’s conciliation process.  The suit seeks back pay, compensatory damages and punitive damages for Morrison, as well as injunctive relief.

EEOC Supervisory Trial Attorney Tina Burnside added, “Pregnant women must be treated in the same manner as other applicants, and employers should not make inquiries related to pregnancy or deny a woman a job based on pregnancy.”

The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/6-2-13a.cfm

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Hospitality Industry Employment Risks: Arizona Restaurant Settles EEOC "Pregnancy Discrimination" Lawsuit For $15,000; Servers Removed From "Sunday Football Schedule"

“…The EEOC’s lawsuit…charged that Sandbar instituted a policy of removing pregnant women from its Sunday schedule at its Peoria restaurant in an attempt to allegedly satisfy its male Sunday football EEOCcustomers… it believed its male customers did not wish to see pregnant women while they watched Sunday football games. Working on Sundays during football season was the most or one of the most lucrative shifts during the week for the pregnant employee…”

A Peoria, Ariz., restaurant will pay $15,000 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had alleged that West Sand, LLC, doing business as Sandbar Mexican Grill, unlawfully removed a pregnant employee from working on Sundays during football season because she was pregnant.

According to the EEOC, pursuant to this policy, Sandbar removed a pregnant woman from its lucrative Sunday schedule, causing her a significant loss of income. Sandbar denied the discrimination.

Sandbar Mexican Grill will pay $15,000 to the female employee to resolve this EEOC case. Under the consent decree settling the suit, Sandbar also must also (1) provide anti-discrimination training for all employees who work at its Peoria location; (2) review and revise, if necessary, its policies to ensure they prohibit sex and pregnancy discrimination as well as retaliation and ensure a strong and clear commitment to a workplace free of such bias; (3) investigate allegations of sex discrimination, pregnancy discrimination and retaliation promptly, fairly, reasonably, and effectively and ensure that appropriate corrective action is taken; and (4) post a notice that sex and pregnancy discrimination -or retaliation for complaining about it – is unlawful.

“Pregnancy discrimination remains a persistent problem in the 21st-century workplace,” said Mary Jo O’Neill, regional attorney of the EEOC’s Phoenix District Office. “Employers cannot disadvantage the terms and conditions of a pregnant employee’s work to satisfy an assumed customer preference about the physical appearance of employees, which is likely untrue in any event.”

EEOC District Director Rayford Irvin added, “The EEOC will continue to be vigilant in rooting out pregnancy discrimination. This type of unlawful exclusion is never a winning game plan.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-28-12a.cfm

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Hospitality Industry Legal Risks: Michigan Hotel Sued By EEOC For "Terminating Pregnant Housekeeper"; Employers May Not Exclude Pregnant Women Based On Their "Concerns About Safety Of Unborn Child"

“…Ramin fired a housekeeper shortly after it learned of her pregnancy. The company stated that it could not allow her to continue to work as a housekeeper because of the potential harm to the development of her baby…”

The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit today charging that Ramin, Inc., a Comfort Inn & Suites franchise owner in Taylor, Mich., violated federal law when it terminated a pregnant housekeeper because of her pregnancy.

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, protects female employees against discrimination based on pregnancy, and the Supreme Court has expressly rejected the notion that an employer may exclude pregnant women from employment based on its own concerns about the safety of the unborn child.

The EEOC seeks injunctive relief to prevent Ramin from discriminating against pregnant employees or applicants in the future, as well as monetary relief on behalf of the victim.  The EEOC filed suit after first attempting to settle the case through its conciliation process.

“Pregnancy discrimination is rarely subtle,” said Lauren Gibbs Burstein, attorney in the EEOC’s Detroit Field Office.  “Employers may not bar pregnant employees from work because of outdated myths or stereotypes.  The EEOC will vigorously defend the rights of pregnant workers to provide for their families by remaining employed.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-13-12c.cfm

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Hospitality Industry Legal Risks: Texas Restaurant Chain Sued By EEOC For Firing "Pregnant Employees Under A Discriminatory Written Policy"

“…According to the EEOC’s lawsuit, Maryann Castillo and other female workers were laid off after the third month of their pregnancies under a written policy, set out in Bayou City Wings’ employee handbook…”

JC Wings Enterprises, LLC, doing business as Bayou City Wings, a Baytown-based restaurant chain, violated federal law when its managers laid off pregnant employees under a discriminatory policy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

  Bayou City Wings owns and operates restaurants in Baytown, Houston and surrounding areas.  The company’s district manager laid off Castillo pursuant to the policy even though she had provided a doctor’s note that indicated she could work up to the 36th week of her pregnancy and that her doctor had not placed any restrictions on her ability to work.

During the EEOC’s investigation of a discrimination charge brought by Castillo, Bayou City Wings named eight female employees who were laid off from work because of their pregnancies.  According to a Bayou City Wings general store manager, for a manager to keep a pregnant employee at work any longer would “be irresponsible in respect to her child’s safety” and would jeopardize his position with the company “for not following procedures.”

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits employers from discriminating against employees on the basis of sex or pregnancy.  The EEOC filed suit (Civil Action No. 4:12-cv-02885) in U.S. District Court for the Southern District of Texas, Houston Division, after first attempting to reach a pre-litigation settlement through its conciliation process.   The EEOC seeks an injunction, back pay with pre-judgment interest, reinstatement or front pay, compensatory damages and punitive damages, in amounts to be determined at trial.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/9-12-26d.cfm

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Hospitality Industry Legal Risks: Pennsylvania Casino Sued By Former Waitresses For Discrimination After Demotions For Becoming Pregnant; Violated "7% Body Weight Rule"

“…a rule remains that Parkettes and their male equivalents, Park Men, must not deviate more than 7 percent from their body weight when they were hired… these employees are considered entertainers because they participate in calendar and talent contests and make public appearances off-site. No other casino staffers are subject to the weight requirement…”

Two former cocktail waitresses have filed a federal lawsuit against Parx Casino, in Bensalem, Pa., claiming they were demoted when they became pregnant. Parx’s chief counsel said the casino’s policy has changed since the women filed complaints with the Equal Employment Opportunity Commission in 2009. The establishment now provides maternity versions of its skimpy uniforms to its cocktail waitresses, who are known as Parkettes.

Parkettes Alycia Campiglia, 27, and Christina Aicher, 31, who both became pregnant while working for the casino in 2008, claim that when they told managers they were pregnant, they were informed they could continue as Parkettes only until their costumes no longer fit, according to their lawsuit filed July 5.

Both women said they were offered transfers to the concession stand or players services, but they said they wouldn’t be able to earn tips. The EEOC determined in August 2009 that Parx had discriminated against pregnant cocktail servers.

“We changed the policy to say you can work (as a Parkette) if you’re pregnant,” said Thomas Bonner, Parx’s chief counsel and vice president. “We do have maternity costumes now.”

What hasn’t changed, though, is Parx’s strict weight limitations. Parkettes and Park Men are subject to periodic weigh-ins, and if they fail, they are subject to termination.

In 2006, cocktail waitresses at the Borgata Hotel Casino in Atlantic City filed a $70 million lawsuit against the casino for instituting a 7 percent weight-gain policy. The lawsuit was settled out of court in 2008 for terms that weren’t disclosed.

Last year, Resorts Casino in Atlantic City was hit with three lawsuits that are pending from veteran cocktail waitresses who claim that they were demoted or let go because they were too old or not sexy enough for the new flapper costumes.

For more:  http://www.thonline.com/news/national_world/article_e43a2ab7-1ca0-5a3d-8f10-7f9d0e2a561b.html

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Hospitality Industry Legal Risks: Nevada Hotel Sued For "Pregnancy Discrimination" By Room Service Sales Employee; Additional "Class-Action" Allegations For Unpaid Wages

In the same filing to sue the hotel for unspecified damages for pregnancy discrimination, Megia also made class-action allegations for unpaid wages on behalf of the hotel’s employees.

“…employees were not permitted to wear their uniforms outside work and had to pick up and drop off their uniforms before and after their shifts, often leading to additional overtime for which they were not paid, the suit claimed…”

Melodee Megia, a former employee at The Cosmopolitan Resort and Casino in Las Vegas, claims she was told she was fired from her job for saying “bye bye” on the telephone instead of “goodbye” while eight-months pregnant.

She has filed a lawsuit against the hotel for pregnancy discrimination and a class-action suit for workers’ wages, saying employees were not paid for the time they had to wait for and change into their uniforms on a daily basis.

Megia worked at the hotel from November 2010 until September 2011, when she said she was fired “based on her pregnancy,” according to court papers filed with the Clark County District Court in Nevada last week.

Megia was a “room service sales” employee answering the telephone when hotel guests called for room service, occasionally assisting in room delivery, her lawyers said.

For more:  http://abcnews.go.com/Business/fired-las-vegas-hotel-worker-sues-pregnancy-discrimination/story?id=16361237

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Hospitality Industry Legal Risks: Arizona Restaurant Chain Found Guilty Of "Pregnancy Discrimination" In Suit Brought By EEOC

“The EEOC would like to remind employers that pregnancy discrimination has been illegal for decades, and violations of the law will be met with rigorous enforcement by our agency.”

 The manager admitted in sworn testimony that he had made that statement, having been told by a company official that he could not hire pregnant women.

An Arizona federal jury returned a verdict against High Speed Enterprise, Inc., a corporation that owns five Phoenix-area Subway restaurants. The jury awarded damages to Belinda Murillo, a job applicant who claimed she was refused a position solely because she was pregnant. The suit was brought by the U.S. Equal Employment Opportunity Commission (EEOC).

According to the lawsuit, EEOC v. High Speed Enterprise, Inc. dba Subway, Murillo applied for a job at a central Phoenix Subway in May 2006. Later that month she met with the general manager who asked if she was pregnant. She said yes.

EEOC says that the manager told the applicant, “We can’t hire you because you’re pregnant.” She also reminded pregnant women that it is against the law for employers to fire them or treat them differently because they are expecting.

For more:  http://safety.blr.com/workplace-safety-news/safety-administration/Disabilities-ADA/Jury-Decides-Against-Restaurant-Owner-in-Discrimin/

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