Employer condoned the abuse of a pregnant employee and fired her after she complained, federal authorities charged
ASHEVILLE, NC — North Georgia Foods, Inc., a Georgia-based company doing business as Burger King in Murphy, North Carolina, unlawfully discriminated against a pregnant employee, the US Employment Equal Opportunity Commission (EEOC) says. alleged in a lawsuit filed today. The EEOC said the company subjected Tiffany Smith to a hostile work environment because of her gender, a woman, and retaliated against her for resisting the unlawful conduct by reducing her hours and then firing her.
According to the EEOC’s complaint, Smith was a team member at the North Georgia Foods location in Murphy, North Carolina, from at least August 2018 to around July 2019 when she was harassed by a male assistant manager. The harassment included vulgar sexual comments, threatening behavior and unwelcome sexual touching. Smith complained several times and asked not to work alone with the male assistant manager. The defendant took no action to end the harassment, instead reducing Smith’s hours until she was completely removed from the roster in June 2019. The company refused to communicate with Smith and later refused to reinstate her employment. The EEOC also said Smith faced discrimination because of her pregnancy.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment, retaliation and discrimination based on pregnancy in the workplace. The EEOC then filed a complaint in the United States District Court for the Western District of North Carolina (Equal Employment Opportunity Commission v. North Georgia Foods Inc., d/b/a Burger King, Civil Complaint No.: 1:22-cv-00049). attempts to reach a pre-court settlement through the voluntary arbitration procedure. The EEOC is seeking monetary compensation for Smith, including compensatory and punitive damages. The EEOC also seeks injunctive relief against the company to end any ongoing harassment or hostility and to take action to prevent such unlawful conduct in the future.
“It is a violation of federal law for an employer to fail to address sexual harassment in the workplace,” said Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District. “Title VII guarantees workers the right to work in an environment free from sexual harassment and pregnancy discrimination, and prohibits employers from retaliating against workers who complain of such unlawful conduct.”
EEOC District Director Thomas Colclough said: “All employees deserve and should expect a workplace free from sexual harassment and discrimination. The EEOC will continue to stand guard and demand that all forms of unlawful harassment and discrimination in the workplace be eliminated.”
The EEOC improves opportunities in the workplace by enforcing federal laws prohibiting discrimination in the workplace. The Charlotte District Office of EEOC is charged with enforcing federal employment discrimination laws in North Carolina, South Carolina and Virginia.
Visit www.eeoc.gov for more information.
