According to the EEOC’s suit, Lago Mar fired an employee shortly after she requested leave to recover and grieve after suffering a stillbirth in her fifth month of pregnancy. This alleged conduct violated the PWFA and the ADA, which prohibit workplace discrimination against pregnant workers and individuals with disabilities. The EEOC filed suit (EEOC v. Lago Mar Properties, Inc., Case No. 24-cv-61812) in U.S. District Court for the Southern District of Florida after first attempting to reach a pre-litigation settlement through its conciliation process.
Under the three-year agreement, Lago Mar will pay $100,000 in damages to the former employee, designate an EEO coordinator, revise employment policies to ensure employees are provided reasonable accommodations under the PWFA and ADA, provide training to all employees, and report any discrimination complaints to the EEOC.
Lago Mar Beach Resort & Club is committed to taking steps to prevent discrimination against pregnant workers and individuals with disabilities.
“Employers need to be aware of their obligations under the PWFA and the ADA to avoid discriminating against their employees,” said Kristen Foslid, regional attorney for the EEOC’s Miami District Office. “We commend Lago Mar for taking proactive steps in the workplace to prevent discrimination against pregnant workers and individuals with disabilities and ensure that their policies and procedures comply with those legal obligations.”
“This lawsuit underscores the need to provide equal opportunities and accommodations to pregnant workers and individuals with disabilities, as well as the need to train managers on how to properly address issues related to the PWFA or ADA in the workplace,” said Miami District Director Evangeline Hawthorne.
The PWFA went into effect on June 27, 2023; resources for workers, employers and health care 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 is the EEOC’s fifth lawsuit based on the PWFA. The Miami District Office’s jurisdiction includes Florida, Puerto Rico, and the U.S. Virgin Islands.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.
