Christina Spicer  |  November 16, 2018

Category: Labor & Employment

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avon makeupTwo former Avon employees have filed a class action lawsuit against the beauty company alleging that they faced discrimination because they were pregnant or breastfeeding.

The lead plaintiffs say in their Avon class action lawsuit that Avon, long associated with female empowerment, engages in unfair employment practices.

One plaintiff alleges that she lost her job after she became pregnant. The other says that Avon refused to provide adequate facilities to support breastfeeding.

“Because Avon declares that its women-centric approach helps ‘break traditional barriers,’ the last thing Avon employees expect to experience is pregnancy discrimination,” alleges the Avon class action lawsuit.

According to the Avon discrimination class action lawsuit, plaintiff Olivera Krstanoska was not provided appropriate breastfeeding accommodations – namely short breaks, privacy, and a place to store pumped milk. Krstanoska further says that she faced discrimination at Avon from the start of her pregnancy.

The plaintiff says that her supervisor “marginalized and penalized” her, despite legal protections in place for pregnant and breastfeeding women.

“No reasonable woman would expect Avon, a company that brands itself as a champion of women’s causes to subject a female employee returning from maternity leave to disparagement, marginalization and accusations of poor performance because she stayed home with her newborn after childbirth or because she nursed her baby and needed to pump breast milk at work,” alleges the Avon class action lawsuit.

Plaintiff Caroline Ruiz claims that she was fired shortly after informing her supervisors that she was pregnant. In fact, alleges the Avon class action lawsuit, the company fired her on a day she came into work, despite doctor’s orders for bedrest.

According to the Avon class action lawsuit, this supposed bastion of female empowerment is also dominated by men in powerful positions.

“While Avon scrambles to explain how and why it failed to protect pregnant women, employees that take pregnancy related leave or nursing mothers who need to express breast milk during work, Avon must explain why the company ‘for women’ actually is a company run by men,” contends the Avon discrimination class action lawsuit.

According to the Avon class action lawsuit, pregnant and nursing employees at the company must work even harder and more efficiently in the face of bias that they will be less committed to work after starting a family.

The plaintiffs contend that these expectations, combined with a company culture that marginalizes and stigmatizes pregnant and nursing women, violate the minimum legal standards protecting women from discrimination in the work place.

“There is no excuse for companies that fail to adhere to the minimum standards by law to accommodate employees that become pregnant and experience childbirth,” alleges the Avon class action lawsuit. “It seems especially cruel that Avon, a company that claims to promote a woman-centric culture, would allow such inequity to exist.”

The Avon class action lawsuit seeks to represent three sets of Class Members. The plaintiffs seek to represent a Title VII class of female employees who have been or will be pregnant starting Sept. 5, 2017 who required work place accommodations or maternity leave.

Additionally, all female Avon employees in the state of New York who have or will need to breastfeed starting Nov. 13, 2015 will be represented by the Avon class action lawsuit if successful.

The plaintiffs also seek to represent a New York state and New York City subclass.

The Avon class action lawsuit is seeking damages, including alleged lost wages, along with a court order prohibiting the company from failing to comply with laws protecting pregnant and nursing employees.

The lead plaintiffs are represented by Jeanne M. Christensen and Hilary J. Orzick of Wigdor LLP.

The Avon Pregnant Employee Discrimination Class Action Lawsuit is Ruiz, et al. v. New Avon LLC, et al., Case No. 1:18-cv-09033-VSB, in the U.S. District Court for the Southern District of New York.

UPDATE: On Sept. 22, 2019, a federal judge recently refocused an Avon pregnancy discrimination class action by dismissing some claims and refusing arbitration on others.

UPDATE 2: On Jan. 23, 2020, the parties in an Avon pregnancy discrimination class action lawsuit alleging that the cosmetics company fired or otherwise mistreated pregnant employees have reportedly settled.

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