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Press Release 09-27-2024

Gracious Bakery to Pay $46,500 in EEOC Pregnancy Discrimination Lawsuit

Resolves Federal Suit Charging Company Fired Employee Because of Medical Condition During Pregnancy

NEW ORLEANS – Gracious, LLC, a New Orleans-based company doing business as Gracious Bakery + Café, agreed to pay a former employee $46,500 to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC’s lawsuit, the company violated federal law after it fired an employee for missing two shifts at the bakery to seek emergency medical treatment related to her pregnancy. Although the pregnant employee returned to work within a few days and performed satisfactorily, the company fired her because, according to her managers, her pregnancy complications created a reliability issue.

Such alleged conduct violated Title VII of the Civil Rights Act of 1964, which forbids discrimination because of pregnancy or related medical conditions, and the Americans with Disabilities Act (ADA), which forbids discrimination against a qualified individual because of a pregnancy-related impairment the employer regarded as a disability.

The EEOC filed its suit (EEOC v. Gracious, LLC d/b/a Gracious Bakery + Café, Civil Action No. 24-cv-418) in U.S. District Court for the Eastern District of Louisiana, and a consent decree was approved by Chief Judge Nannette Jolivette Brown on September 27, 2024. Under the three-year decree, in addition to paying the former employee $46,500 in back pay and damages, Gracious Bakery + Café will conduct annual training for its employees, revise policies, provide regular reports to the EEOC regarding pregnant workers and applicants, and post a notice to employees affirming its obligations under Title VII, the ADA, and the Pregnant Workers Fairness Act (PWFA).

“This resolution provides appropriate relief for the former employee and makes clear that stereotypes about pregnant workers cannot be used to deny them employment opportunities,” said Rudy Sustaita, regional attorney for the EEOC’s Houston District Office.

Peter Theis, a senior trial attorney for the EEOC New Orleans Field Office, said, “Pregnant workers are vulnerable to discrimination just at the point when their livelihoods are critically needed to support their growing families, and strong federal laws are there to protect them.”

The EEOC’s New Orleans Field Office is part of the Houston District Office, which covers Louisiana and parts of Texas.

For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination.

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.