After working at the supermarket for three years, she learned that she was pregnant, and informed her supervisor. Several months later, she was assigned to a double shift. During her second shift, she became very uncomfortable, so her supervisor gave her a chair to sit on. He also told her that she could take a couple of additional breaks when business was slower so that she could run to the restroom as needed. Generally, employees who needed additional restroom breaks were permitted to take them. After leaving her seat at her register, Claire returned to find the chair removed. She was informed that the owner of the supermarket did not like the appearance of cashiers sitting while ringing up customers’ groceries. Soon thereafter, her supervisor told her that she could no longer take extra bathroom breaks. Several days later, Claire attended a meeting with the owner and informed him that she was provided the chair and permitted to take extra bathroom breaks because she was pregnant. The owner, nevertheless, terminated Claire. Customarily, employees were permitted three written warnings for problems on their job before being terminated. However, Claire had an exemplary work ethic and a clean work history.
NYLAG represented Claire in state court and successfully negotiated a settlement that fairly compensated her for her lost wages. She has since found new work as a server at a small restaurant and is enjoying time with her new baby.