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La Mode sued for alleged pregnancy discrimination
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Posted on Mar 11 2005
Three former garment workers have sued La Mode Inc. for pregnancy-based sexual discrimination.
Feng Quiong Cao, Lifang Deng, and Xiuqiong Kong, through attorney Stephen Woodruff, said La Mode violated the Pregnancy Discrimination Act and the Family and Medical Leave Act when the garment firm refused to let them return to work after taking a maternity leave.
The workers asked the U.S. District Court to order La Mode to compensate them for lost wages and other damages.
Court papers showed that La Mode terminated the three workers in March 2004, after they separately filed for maternity leave.
Cao, who was then in her 4th year of employment, requested leave on March 12, 2004, as she was due to give birth four days later. Cao, however, was told by La Mode not to return to work anymore after delivering her baby.
Deng was allegedly given the same instruction when she requested leave on March 8, 2004. Her “due date” for delivery of her baby was March 10, 2004.
Woodruff said that La Mode, through manager Myunghi Kim, first denied the requested leave and then sent word to Deng that she should not come back to work after giving birth as she would no longer have a job with the company.
For her part, Kong took leave beginning Feb. 2, 2004 in accordance with the doctor’s written orders for one month’s rest due to medical requirements related to her pregnancy.
Kong attempted to return to work on March 8, 2004, but was not allowed by the company.
The three workers filed pregnancy discrimination complaints with the U.S. Equal Employment Opportunity Commission. EEOC subsequently issued each of them a “right to sue” letter.
“Plaintiff[s] have cause of action against [the] defendant for violation of Title VII of Civil Rights Act of 1964 on account of defendant’s unlawful discharge and discrimination against plaintiff[s] based on sex, particular on [their] pregnancy,” Woodruff said.
He said the workers are entitled to damages equivalent to their denied or lost wages plus interest, liquidated damages, and attorney fees and costs, among other things.
