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