Wednesday, August 18, 2010

Pregnancy Discrimination Case Against New Jersey Diner

We filed suit on behalf of a client who worked at a diner as a server and overnight shift manager for a period of 14 months. After the client became visibly pregnant, the owners of the diner began to reduce her hours from over 40 hours per week to 10 to 15 hours per week, and eventually she was no longer scheduled to work.

A complaint was filed with the EEOC, which found that the Diner discriminated against the client as a result of her pregnancy. The case was later filed in the District Court of New Jersey alleging sex discrimination under Title VII and the New Jersey Law Against Discrimination. The diner alleges that the plaintiff was terminated based on work performance, which is a main defense in almost all employment discrimination cases

Despite the Diner's adamant position from the beginning of the case that they did not discriminate against the plaintiff, the matter was resolved and they agreed to compensate the plaintiff in a confidential settlement agreement.