Brenton Legal is proud to announce a meaningful victory for our client in one of the initial cases filed under the Pregnant Workers Fairness Act, which was enacted in the summer of 2023. This case highlights the newly enacted legal protections for pregnant workers and sets an important precedent for future claims under the Pregnant Workers Fairness Act.
A dedicated line cook was terminated after informing her employer about complications related to her pregnancy, which resulted in a stillbirth. Despite her request for a six-week medical leave to recover from the physical and emotional toll of her pregnancy loss, her employer failed to engage in any interactive process or provide any reasonable accommodation. Instead, she was terminated just days after her tragic loss.
On her behalf, our legal team filed claims with the Equal Employment Opportunity Commission under Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act, along with the Pregnant Workers Fairness Act and the Americans with Disabilities Act. We were then honored to have joined with the Equal Employment Opportunity Commission to achieve justice .
A formal complaint was filed against her former employer in the U.S. District Court for the Southern District of Florida. On October 11, 2024, the Court approved a Consent Decree, which requires her former employer to pay $100,000 in damages —$92,080 in compensatory and non-wage damages and $7,920 in back pay. Notably, the Consent Decree also requires the implementation of systemic changes by her former employer, including:
- a commitment to provide reasonable accommodations for pregnancy-related conditions;
- a prohibition against harassment, retaliation, or termination of employees based on pregnancy or disability;
- mandatory EEO training for all staff on the Pregnant Workers Fairness Act, the Americans with Disabilities Act, and anti-discrimination policies; and
- the appointment of a third-party EEO Coordinator to oversee compliance and reporting.
We extend our heartfelt gratitude our client for placing her trust and confidence in our firm. Her openness in sharing her story and collaborating with us throughout her case has truly been a privilege.
Whether you’re facing discrimination, harassment, retaliation, or other workplace concerns, our employment attorneys are committed to delivering the strategic legal counsel necessary to achieve a favorable resolution for you. For more information or to schedule a consultation, please get in touch with our office at (954) 466-3871 or visit https://www.employmentlawfirm.com/.