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Under the Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, discriminating against pregnant women is an expressly unlawful form of gender discrimination. This should be clear by now. Yet, when Tara J. Smith, who was working as a returns clerk on a probationary basis for Landau Uniforms Inc, informed her supervisor she was pregnant, the retaliation started. According to Smith’s complaint, her supervisor “began subjecting Smith to unequal terms and conditions of employment, including frequent reprimands and multiple extensions of her probationary period.” Smith’s new employee probationary period was extended for an additional 30 days. Smith alleged that her supervisor ordered a co-worker not to assist her or answer any of her questions. Smith then received a negative performance evaluation from the same supervisor based Smith allegedly using incorrect coding entries for returns. Despite evidence that a different clerk with the same coding issues received more favorable treatment, Landau Uniforms fired Smith.

Some employers think that they are smart by building a case against an employee before they terminate that employee. But creating a situation that forces an employee to fail is only further proof of retaliation and demonstrates a clear unlawful intent.

Faced with a lawsuit for this horribly unlawful pregnancy discrimination, Landau Uniforms agreed to settle the case for $80,000 and other non-monetary considerations. The median expected salary for a typical Returns Clerk I in the United States is $28,365. As Smith was a new employee, she likely fell below the median, which means that Landau Uniforms’ acts of pregnancy discrimination likely cost it about three years salary.

If you even think that your employment rights have been violated or that you might need an employment lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm is dedicated to protecting employees’ rights and solving employment disputes.


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