Pregnant women need not apply for Sunday shifts at Sandbar
The Sandbar Mexican Grill (Sandbar) in Peoria, Arizona, does not want pregnant wait-staff working on football Sundays believing patrons do not like the combination of football and pregnant women. Sandbar’s management was so adamant in its position that it instituted a policy that specifically removed all visibly pregnant women from the lucrative game-day Sunday shifts.
Ms. Keli Kozup was adversely affected by this policy when she was removed from her Sunday shift despite her positive work performance. She was completely outraged by her employer that she filed her civil rights complaint against Sandbar alleging unlawful employment practices.
Ms. Kozup, who was a bartender and server at Sandbar, became pregnant in February 2008. Eight months later, she was wrongfully removed from the lucrative Sunday shifts because management believed “customers did not want to see pregnant woman while watching football.” Ms. Kozup was not given another comparable shift and did not receive any compensation for the discriminatory move. Unfortunately, she suffered loss of work and financial damage as a result of working less hours during less lucrative shifts.
According to a five-page civil rights complaint filed by the Equal Employment Opportunity Commission (EEOC) on behalf of Ms. Kozup, the EEOC is seeking inter alia the permanent injunction enjoining Sandbar from its continued discriminating practices against employees based on sex or pregnancy. The EEOC is also seeking compensatory and punitive damages payable to Ms. Kozup for Sandbar’s unlawful and discriminative business practices directly aimed at female pregnant women.
The complaint was filed on September 22, 2011 in the US District Court for the District of Arizona.
