Rainbow USA Inc., a specialty apparel chain, violated federal law when it terminated a manager upon becoming aware of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed in U.S. District Court for the Eastern District of Louisiana on Sept 28.
The EEOC contends that the charging party, who was employed as a junior assistant manager, was in her first trimester of pregnancy when she was fired just days after the company learned of her pregnancy-related restrictions. Initially, the company suspended the junior assistant manager indefinitely, then two days after the suspension, she was effectively terminated.
Such conduct violates Title VII of the Civil Rights Act of 1964. Title VII prohibits an employer from “discriminat[ing] against any individual with respect to…compensation, terms, conditions, or privileges of employment, because of such individual’s sex.” 42 U.S.C. § 2000e-2(a)(1). The Pregnancy Discrimination Act of 1978 (PDA) amended Title VII to include discrimination based on pregnancy.
The EEOC filed suit (EEOC v. Rainbow USA, Inc. Case No: 2:18-cv-09007) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC’s suit seeks back pay, along with compensatory and punitive damages from the employer.
Rainbow USA Inc. is based in Brooklyn, N.Y., and operates retail apparel, footwear and accessories stores for women across the United States and in the U.S. territories of Puerto Rico and the U.S. Virgin Islands.
Source: EEOC
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