Hancock County

South MS business pays for discriminating against pregnant waitress, EEOC says

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Key Takeaways

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  • Cosmos operators agree to pay damages after firing a server for pregnancy.
  • EEOC sued under Title VII seeking back pay, job search costs and damages.
  • Settlement follows failed conciliation; order sought to stop sex-based discrimination.

The operators of Cosmos restaurant in downtown Bay St. Louis agreed to pay “significant monetary damages” for allegedly firing a server because she was pregnant, a news release from the EEOC said Tuesday.

The restaurant’s operators, Smoke BBQ LLC and Thorny Oyster LLC, agreed to the payment to settle a federal lawsuit filed by the Equal Employment Opportunity Commission. The server was not named in the lawsuit.

The server did not disclose her pregnancy when she applied for the job, the lawsuit said, but she was fired the day after Cosmos management found out.

“Employers cannot dismiss pregnant workers because of their pregnancy,” said Marsha Rucker, regional attorney for the EEOC’s Birmingham District. “Federal law is clear: Title VII prohibits pregnancy-based discrimination in the workplace.”

The EEOC’s website offers information on pregnancy discrimination.

Before filing the lawsuit, the EEOC attempted to settle the federal violation through its conciliation process.

In the lawsuit, the EEOC asked that the server be compensated with back pay, costs for a job search, and pain and suffering. The agency also sought punitive damages against Cosmos and an order that the restaurant cease sex-based discrimination.

Cosmos restaurant at Pearl Hotel in Bay St. Louis features out-of-this-world breakfast choices and pastrami and other sandwiches for lunch.
Cosmos restaurant at Pearl Hotel in Bay St. Louis features out-of-this-world breakfast choices and pastrami and other sandwiches for lunch. Justin Mitchell jmitchell@mcclatchy.com
Anita Lee
Sun Herald
Anita, a Mississippi native, graduated with a journalism degree from the University of Southern Mississippi and previously worked at the Jackson Daily News and Virginian-Pilot, joining the Sun Herald in 1987. She specializes in in-depth coverage of government, public corruption, transparency and courts. She has won state, regional and national journalism awards, most notably contributing to Hurricane Katrina coverage awarded the 2006 Pulitzer Prize in Public Service. Support my work with a digital subscription
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