Monday, March 1, 2010

Owner Says You Cannot be Pregnant and Work as a Bartender

A woman in Long Island has brought a discrimination claim against her former employer alleging that she was fired because she was pregnant. The woman worked as a bartender at a "gentlemen's club." Among other things, the owner told her that he did not think customers are coming to see "sexy bartenders that are pregnant and bulging out." Of course, there are two sides to every story, but based on these facts, I doubt this young lady will have a hard time proving liability. The question is, how much will it cost this bar to resolve the case. The following details are provided by ABC News:


Bartender in Topless Bar Says She Was Discriminated Against for Being Pregnant

When Jennifer Paviglianiti, 29, of Centereach, N.Y., discovered she was pregnant, she hoped to wait until the three-month mark to tell her boss, John Doxey. But workplace gossip got to him first.

Once Doxey heard the news, Paviglianiti says, he immediately showed he had doubts about her work status.

Now, Paviglianiti says, she has been unfairly let go from her bartending job at the Cafe Royale gentlemen's club. She has filed charges of discrimination with the United States Equal Employment Opportunity Commission (EEOC).

The charges, which were received by the EEOC on February 2, say the "cause of discrimination" is based on "sex, retaliation, perceived disability, and pregnancy." In the charges, Paviglianiti says she "encountered continual blatant discrimination," and that Doxey told her customers are "not coming in to see sexy bartenders that are pregnant and bulging out."

Long Island Bar Fires Pregnant Bartender

Edit: 3/5/2010 In posting this article I was not taking a position on whether the complainant made a good choice in choosing her place of employment. Indeed, if this case goes before a jury, the jury should not consider whether her decision to work in this particular bar involved an exercise of good judgment. My purpose in posting this article was to use an interesting case to highlight the issues involved in pregnancy discrimination.

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