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Cafe ordered to pay in discrimination lawsuit

Woman claims that she was fired from job because of pregnancy

07:21 AM CDT on Tuesday, August 26, 2008

By Arlinda Arriaga / Staff Writer

A federal judge signed a settlement last week ordering Carolyn’s Old West Cafe to pay a former employee $20,000 to settle a discrimination lawsuit.

The restaurant, with locations in Denton and Sanger, fired waitress Monica Geiger in March 2007 after her first day because she was pregnant, according to the complaint filed by the Equal Employment Opportunity Com­mission. Restaurant officials expressed concern about potential liability and speculated that she would not be able to work fast enough, according to a statement released from the EEOC.

But the restaurant’s attorney said Geiger was not fired; she simply refused the job that was offered to her.

“She applied for a part-time position, and when she came she was offered a part-time position,” said Keith A. Clouse, a partner of Clouse Dunn Khoshbin LLP.

Clouse could not say if the part-time position was the same one initially posted. “There was a job for her there, and she chose not to take that job,” he said.

Neither Geiger nor the restaurant owners could be reached for comment.

The employment commission filed suit in March after attempting to reach a voluntary settlement with the restaurant. Discrimination on the basis of pregnancy, childbirth or related medical conditions violates the Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964.

“The Civil Rights Act protects [women] based on their gender, and women who are pregnant in the workforce are protected under this provision and are entitled to work while pregnant,” said Meaghan Shepard, trial attorney for the commission.

In 2007 the commission reported that discrimination complaints by pregnant women increased 14 percent over 2006.

The settlement also requires the cafe to train all management officials on Title VII’s employment provisions, post notice of nondiscrimination in its facilities and to submit periodic reports to the EEOC demonstrating compliance.

“We think that sometimes employers view a pregnant woman as a liability, and it is illegal to treat a woman any different in the workplace because she is pregnant, that’s not a valid reason under our civil rights laws,” Shepard said.

ARLINDA ARRIAGA can be reached at 940-566-6897. Her e-mail address is aarriaga@dentonrc.com .

 

 

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