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Lago Mar Resort agrees to pay $100K in EEOC pregnancy fairness settlement

FLORIDA RECORD

Friday, November 22, 2024

Lago Mar Resort agrees to pay $100K in EEOC pregnancy fairness settlement

Federal Court
Ladyjustice

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A Fort Lauderdale resort hotel has agreed to pay $100,000 to settle a pregnancy discrimination lawsuit.

Lago Mar Properties Inc., doing business as Lago Mar Resort & Beach Club, agreed to settle a lawsuit under the Pregnant Workers Fairness Act and the Americans with Disabilities Act.

According to the U.S. Equal Employment Opportunity Commission lawsuit, Lago Mar terminated an employee shortly after she requested leave to recover and grieve following a stillbirth during the fifth month of her pregnancy.

Lago Mar agreed to pay $100,000 in damages to the former employee, appoint an EEO coordinator, revise its employment policies to ensure employees are provided reasonable accommodations under the PWFA and ADA, provide trainings to all its employees and report any complaints of discrimination to the EEOC.

“Employers need to be aware of their obligations under the PWFA and ADA to avoid discrimination against their employees,” EEOC Miami Regional Attorney Kristen Foslid said in a press release. “We commend Lago Mar for implementing progressive measures in the workplace to prevent discrimination against pregnant and disabled employees and ensure that their policies and procedures align with those legal obligations.”

Miami District Director Evangeline Hawthorne said, “This litigation highlights the need to provide equal opportunities and accommodations for pregnant and disabled employees, as well as the necessity of training managers on how to properly handle PWFA or ADA related matters in the workplace.”

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In another EEOC case, a franchisee and operator of a Popeye’s restaurant has agreed to provide reasonable accommodations to pregnant employees.

Sailormen Inc., doing business as a Popeye’s Chicken & Biscuits in Orange City, has agreed to conciliate a federal charge alleging violations of the Pregnant Workers Fairness Act and Title VII of the Civil Rights Act of 1964 with the EEOC.

According to the EEOC’s charge, upon learning that an employee was pregnant, Sailormen fired her because it believed she would need accommodations to perform her job duties. Such alleged conduct violates both Title VII and the PWFA, which requires employers, absent undue hardship, to provide reasonable accommodations to workers affected by pregnancy, childbirth or related medical conditions.

As part of the conciliation agreement, Sailormen agreed to pay compensation to the former employee; provide training to all employees on pregnancy discrimination; appoint an EEO coordinator to ensure that the company’s revised policies and practices are aligned with the requirements under the PWFA and other laws protecting pregnant workers; and annually report any complaints of discrimination to the EEOC.

“The PWFA gives pregnant workers access to accommodations and enables them to work and maintain a healthy pregnancy,” Foslid said. “We recognize Sailormen’s initiative to implement reforms to its policies and practices in order to prevent this form of discrimination in the future.”

Hawthorne said, “We appreciate Sailormen’s willingness to enter into a conciliation agreement with the EEOC. Pregnancy discrimination in the workplace remains widespread and this charge underscores the importance of training managers about their legal obligations towards employees affected by pregnancy, childbirth or a related medical condition.”

The PWFA went into effect June 27, 2023.

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