Pregnant Bartender Will Not Wear Hot Pants? Fired!

Another pregnancy discrimination lawsuit in the news.   Seems like I’m writing this every day.

A sports bar in Texas just settled with the EEOC for $24,000 in a Pregnancy Discrimination Act (“PDA”) lawsuit.

What did they supposedly do?

Well, it seems that a bartender who became pregnant began wearing capri pants “and added a second layer of clothes to the usual tight top” in contravention of the mandatory uniform of “a tight, body-hugging shirt and short hot pants.”  She was told that the owner would not approve, and she was fired.

Interestingly, there were four EEOC quotes in its press release, each one providing a takeaway for this blog post:

1.“Even bars and clubs with provocative uniforms cannot discriminate by using the dress code requirement to oust a pregnant employee.”

2.“When the short, tight outfit no longer worked, Taylor King no longer had a job. She could have continued to work at Nick’s had she not become pregnant. Under civil rights laws, that’s pregnancy discrimination, which is a form of discrimination based on sex.”

3.“Just because you look different as a pregnant woman, it doesn’t mean you can’t do your job. I want people to know that if you feel you are being discriminated against, you should do something about it.”

4.“Expecting mothers typically need to continue to earn an income as their family grows. This is another example of how myopic views by some employers about the value of women in the workplace operate to limit opportunities to females who are perfectly qualified and able to work.”

Hope you all take notice!!

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Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at [email protected]