Lago Mar Resort & Beach Club to Pay $100,000 in EEOC Pregnant Workers Fairness Act Suit

MIAMI – Lago Mar Properties, Inc., doing business as Lago Mar Resort & Beach Club (Lago Mar), a beachfront hotel and resort, agreed to settle a lawsuit under the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

According to the EEOC lawsuit, Lago Mar terminated an employee shortly after requesting leave to recover and grieve following a stillbirth during the fifth month of her pregnancy. The alleged conduct violated the Pregnant Worker’s Fairness Act (PWFA) and the Americans with Disabilities Act (ADA), which prohibit workplace discrimination against pregnant and disabled employees. The EEOC filed suit (EEOC v. Lago Mar Properties, Inc., Case No. 24-cv-61812) in the U.S. District Court for the Southern District of Florida after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

As part of the three-year consent decree, Lago Mar agreed to pay $100,000 in damages to the former employee, appoint an EEO coordinator, revise its employment policies to ensure employees are provided reasonable accommodations under the PWFA and ADA, provide trainings to all its employees as well as report any complaints of discrimination to the EEOC.

“Employers need to be aware of their obligations under the PWFA and ADA to avoid discrimination against their employees,” said EEOC Miami Regional Attorney Kristen Foslid. “We commend Lago Mar for implementing progressive measures in the workplace to prevent discrimination against pregnant and disabled employees and ensure that their policies and procedures align with those legal obligations.”

Miami District Director Evangeline Hawthorne said, “This litigation highlights the need to provide equal opportunities and accommodations for pregnant and disabled employees, as well as the necessity of training managers on how to properly handle PWFA or ADA related matters in the workplace.”

The PWFA went into effect June 27, 2023; resources for employees, employers, and healthcare providers are available at: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act. For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination. More information about disability discrimination is available at https://www.eeoc.gov/eeoc-disability-related-resources.

This suit is the EEOC’s fifth legal action based on the PWFA. Previous suits and a charge conciliation also relate to the PWFA and accommodations.The Miami District Office’s jurisdiction includes Florida, Puerto Rico and U.S. Virgin Islands.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.