The Los Angeles Daily News reported recently that a pregnant bartender working at a Studio City pub, the King’s Head Pub II, was fired because she did not look a “California hooker.” A month before Amanda Lambert became pregnant she left her job as a bartender at another bar to take the bartending position at the King’s Head Pub. Shortly after she informed her boss that she was pregnant, he informed her that the pub owners did not like her. This was news to her because she had not received any complaints and there had been no disciplinary actions taken against her.
A month after she was informed that the pub owners did not like her, she claims she received a text from her boss essentially telling her that she was not going to be allowed to be a bartender but could be a server. However, Lambert had already told her boss that she could not carry heavy trays because of her pregnancy. Additionally, if Lambert had switched from bartending to serving she would only have been given one shift a week to work. While the report did not mention how many shifts she had as a bartender, it seems safe to assume it was more than one and that one shift would not be financially sufficient. The news report, also, does not specify if there was a written dress code, but Lambert preferred to wear pants as opposed to the skirt or shorts that the other female bartenders and servers wore. Just three months after starting her bartending job, Lambert had a meeting with her boss who allegedly told her that the owners were now displeased that she was not wearing what the other female employees were wearing and she was fired. Lambert is suing her former employer for, among other things, wrongful termination and pregnancy discrimination.
Accommodating Pregnancy
As we have mentioned in previous posts, federal laws prohibit employment discrimination based on pregnancy. Washington state law also prohibits discrimination based on pregnancy and maternity. Since discrimination is prohibited employers must make reasonable accommodations for pregnant employees. In the case of the bartender some accommodations could be wearing less restrictive and revealing clothing, allowing for more breaks, and not carrying heavy trays. These are particularly reasonable considering bartenders are behind the bar and do not frequently carry trays of food, unlike servers. A frequent accommodation is maternity leave which is provided for under the Family Medical Leave Act (FMLA), as well as Washington State’s Family Leave Act (FLA). Both FMLA and FLA provides time off after giving birth while essentially guaranteeing the mother that she will have her job or a similar job upon her return. These state and federal laws provide guidance for employers with pregnant employees and they provide protections for the expectant mother and child.
If you have feel that you have been discriminated against at work because of your pregnancy, contacting a Washington employment law attorney may be of assistance.
