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Teenage Retailer dELiA*S to Pay $75K in Pregnancy Discrimination and Retaliation Lawsuit Settlement

September 14, 2012

Last month, in Howard Law's Costa Mesa, California employment lawyers blog, Vincent Howard discussed a recent Santa Ana discrimination lawsuit, where three former employees of Wet Seal, the popular teen apparel chain, sued the company for racial discrimination against African American employees.

Last week another teen clothing retailer, dELiA*S, made employment headlines, after the company agreed to settle a discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC)--by paying $75,000 to two employees, who accused the company of pregnancy discrimination and retaliation.

According to the EEOC lawsuit, two dELiA*S employees reportedly experienced pregnancy discrimination, after informing company managers that they were pregnant--which allegedly included repeated questioning and harassment about their ability to perform their job duties.

The lawsuit claimed that one employee, Nicole Young, who worked as a fashion representative, was fired in retaliation for filing a discrimination complaint. The other employee, Mallory Martin, worked as a co-manager and was reportedly forced to take her maternity leave early due to the pregnancy harassment, even though the EEOC reports that she was capable of continuing her job.

As Vincent Howard has reported in a previous Riverside labor and employment lawyers blog post, under Title VII of the Civil Rights Act of 1964, which was amended by the Pregnancy Discrimination Act of 1978, discrimination on the basis of childbirth, pregnancy, or any medical conditions related to pregnancy is considered sex discrimination under federal law. It is also against the law to retaliate against an employee for exposing pregnancy discrimination practices, filing discrimination charges, testifying, or for being involved in any way in a discrimination investigation.

In addition to the $75,000 in damages, dELiA*S, under the consent decree, is barred from engaging in any further pregnancy discrimination or retaliation. The company must also provide Title VII training to all managers, supervisors, and hiring officials in the Mid-Atlantic District, covering pregnancy discrimination and retaliation, which also includes a revision of the employee handbook--in order to provide that there will be no future pregnancy discrimination.

In cities throughout Orange County, California, contact Howard Law's managing attorney Vincent Howard today, for a free consultation about your employment rights.

dELiA*S Will Pay $75,000 to Settle EEOC Pregnancy Discrimination Lawsuit, U.S. Equal Employment Opportunity Commission Press Release, September 2, 2012

Related Web Resources:

Title VII of the Civil Rights Act of 1964, (EEOC)

Facts About Pregnancy Discrimination, (EEOC)

Pregnancy Discrimination, (EEOC)

U.S. Equal Employment Opportunity Commission, (EEOC)

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