Zaxby’s had pregnant teen work in hot kitchen, fired her when she spoke up, suit says
A former Zaxby’s employee is suing the restaurant chain for more than $75,000, saying she was “singled out” and fired soon after she spoke up about being sent to work in a hot kitchen when she was pregnant.
In 2023, Zaxby’s hired the then-17-year-old as a cashier after she let a manager know about her pregnancy during an interview, according to a federal lawsuit filed in Florida. The teen previously worked at the same restaurant in Bay County, located on Florida’s Panhandle, the filing says.
Soon after she was hired last summer, the manager is accused of firing her because of her pregnancy — and after she asked for related accommodations, in violation of her civil rights, according to a complaint filed July 7.
Zaxby’s didn’t immediately respond to McClatchy News’ request for comment on July 8.
‘Suck it up’
The teen was supposed to work at the front counter at Zaxby’s, “where (she) was promised she would be placed, away from the hot and dangerous kitchen,” a complaint says.
However, after she completed training, the manager sent her to work in the kitchen and said “he had too few kitchen employees and too many front counter workers,” according to the complaint.
Before going to the kitchen, the teen reminded the manager she was pregnant and “did not feel comfortable working” there, the complaint says.
In the kitchen, she started feeling faint from the heat and asked her manager if she could change out of her long sleeve shift, the complaint says.
“Oh, you need the job, don’t you? Well, suck it up,” the manager told her, before letting her change, according to the complaint.
The teen is fired
During her break, the teen asked the manager if he could accommodate her pregnancy by returning her to the front counter — but he refused, the complaint says. He also wouldn’t let her switch positions with other employees who were willing to work in the kitchen, according to the filing.
When she returned to the kitchen, the manager started “openly” harassing her, the complaint says.
He then ordered her to work the drive-thru, telling her to “hurry up and learn it,” according to the complaint.
After she spoke out, the manager told the teen: “You can go home. Clock out. This is not going to work,” the complaint says.
He’s accused of grabbing a headset out of her hands and throwing it onto a counter.
A day later, on Aug. 30, the teen learned she was fired and wasn’t provided with a reason, according to the complaint.
“It was clear that (the manager) was abusing her in an effort to get her to quit, by moving her swiftly from one position to another, but not to the position she was hired to perform,” the complaint says.
She “had not violated any policies or procedures at Zaxby’s, was not insubordinate, and did not quit,” the complaint also says.
With her lawsuit, the woman accuses Zaxby’s of both gender and pregnancy discrimination and refusing to accommodate her pregnancy-related needs, according to the complaint.
Zaxby’s also “created a hostile work environment based on her gender and pregnancy,” the complaint says.
The U.S. Equal Employment Opportunity, the federal agency in charge of protecting workers against discrimination, granted the woman the right to sue on June 20 after she filed a discrimination charge, according to the lawsuit.
Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964, the EEOC says.
The woman’s lawsuit demands a jury trial and seeks relief to be determined in court, the complaint shows.
This story was originally published July 8, 2024 at 3:00 PM with the headline "Zaxby’s had pregnant teen work in hot kitchen, fired her when she spoke up, suit says."
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