Dive Brief:
- A former employee of chicken restaurant Bojangles had her disability accommodation request denied and was terminated in violation of Title VII of the Civil Rights Act, the Pregnant Workers Fairness Act and the Americans with Disabilities Act, she alleged in a lawsuit filed Monday (Wilhite v. Bojangles’ Restaurants, Inc.).
- According to the complaint, the worker disclosed her sickle cell anemia and pregnancy to a manager and requested to work six-hour shifts instead of eight-hour shifts. Her request was denied, according to the lawsuit.
- One week after disclosing her pregnancy, the worker was allegedly told she was “not a good fit for the restaurant because [she has] sickle cell and [is] pregnant” and was fired.
Dive Insight:
The worker alleged violations at the intersection of several laws safeguarding employees’ rights.
For one, she said she experienced discrimination and retaliation due to her pregnancy, a violation of Title VII as amended by the Pregnancy Discrimination Act. She also alleged Bojangles discriminated against her, failed to accommodate her and retaliated against her in violation of the ADA. Finally, she alleged the restaurant failed to accommodate her pregnancy and retaliated against her in violation of the PWFA.
The U.S. Equal Employment Opportunity Commission recommends employers participate in an interactive process when a worker discloses disability and need for accommodation. Through the process, employers and employees work together to determine an appropriate accommodation.
While employers are not required to procure or allow the accommodation the worker suggests, “primary consideration should be given to the preference of the individual involved,” EEOC said in a publication on its website. Employers must provide an accommodation regardless unless doing so would constitute an undue hardship.
The PWFA, which took effect in 2023, extends employers’ obligation to provide reasonable accommodation to pregnant workers with known limiting conditions related to pregnancy.
Bojangles did not respond to a request for comment by press time.
