Restaurant to Pay $55,000 in Pregnancy Discrimination Lawsuit

A restaurant in Wichita, A.V.I. Seabar & Chophouse restaurant, has agreed to pay $55,000 to a former employee to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC),

According to the lawsuit, hostess Macee Hoffman was provided a stool she used between serving customers to help alleviate foot and back pain due to her pregnancy.Afterward, managers took the stool away and demanded she bring in a doctor’s note. After providing a doctor’s note, she was then fired. She was seven months pregnant at the time. The EEOC sued the restaurant for pregnancy discrimination because such conduct violates Title VII of the Civil Right Act of 1964, which prohibits discrimination based on pregnancy.

“No one should be forced out of a position they can perform because they are pregnant,” said an EEOC’s attorney. “Workers who are fired for pregnancy-related reasons are particularly vulnerable because it can be difficult to find a new job while pregnant. Protecting pregnant workers from discrimination and retaliation is good for business, our community, and families, and it’s the law.”

Employers must follow the law when accommodating pregnant employees and cannot retaliate against workers who seek accommodations. Federal protections for pregnant workers are expanding, including the Pregnant Workers Fairness Act (PWFA),which will take effect on June 27, increasing the importance of training employees, managers, and business owners regarding their legal obligations to ensure fair and lawful treatment of pregnant workers.

Local laws have added protections against pregnancy discrimination. For example, theNew York City Human Rights law provides that It is illegal for an employer to fire an employee because she is pregnant—or to change the terms, conditions, and privileges of employment because of pregnancy, childbirth, or related conditions. Additionally, if you take leave due to a pregnancy or a pregnancy-related condition, you have the right to return. Your employer may not require you to remain on leave until you give birth, and they must hold your job for you as long as they do for employees who take leave for other reasons.

If you believe you are a victim of discrimination in the workplace, please reach out to the attorneys at Pechman Law Group at212-583-9500 to schedule a consultation.

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