Recently filed court documents allege that the plaintiff, a former employee of Thomas Keller Restaurant Group, was “discriminated and retaliated against, terminated, falsely promised and then denied a job” after management at Napa Valley’s French Laundry learned of her pregnancy and maternity leave plans.  The Plaintiff in this case had worked for the restaurant group’s NYC location – Per Se – before being offered a position in California.  The Plaintiff asserts that she and her family relocated to California for her new position, only to have the offer rescinded after her pregnancy was disclosed. The Complaint includes claims for fraud and deceit, sex discrimination, violation of pregnancy disability leave law, negligent misrepresentation, misrepresentation in violation of labor code and other allegations, according to the court filing.

California’s Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (Government Code sections 12940,12945, 12945.2).  It also prohibits retaliation against an employee for protesting illegal discrimination related to one of these categories.  California law further requires an employer to allow an employee disabled by pregnancy, childbirth or related medical conditions to take a leave of absence and to maintain her health insurance during the leave.  The leave need not be taken all at once – a pregnant employee is entitled to take intermittent leave as needed, and an employer cannot take any adverse employment action based on the need for leave, intermittent or otherwise.  The employee should give 30 days’ notice of any leave request, when the need for leave is foreseeable, however if she does not know she will need to take leave 30 days in advance, notice just has to be provided as soon as practicable.  In addition to the requirement to allow pregnancy-related leave, an employer must allow reasonable accommodations as needed for a pregnant employee while they are working.  (Govt. Code §§ 12926, 12940.)

Whether or not the allegations against the French Laundry prove true, the case serves as a reminder to California employers that it is imperative to stay informed of the state’s laws designed to protect workers, and also to educate all personnel involved in hiring and termination decisions, and/or  supervision of employees, lest their conduct unknowingly create a claim for which the employer will be held responsible.


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