Christina Spicer  |  January 27, 2020

Category: Labor & Employment

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pregnant woman stressed at work

The parties in an Avon pregnancy discrimination class action lawsuit alleging that the cosmetics company fired or otherwise mistreated pregnant employees have reportedly settled.

U.S. District Court Judge Vernon S. Broderick signed an order indicating the class action was settled and will be discontinued without costs to either party on Jan. 23, 2020.

A former Avon employee lodged the class action lawsuit over claims that she and other co-workers who were pregnant or breastfeeding suffered from bias at the supposedly women-centric company.

The plaintiff said she lost her job once she became pregnant and that Avon refused to meet her needs to continue breastfeeding. A second and third employee joined the lawsuit, alleging that their requests to stop working with hazardous chemicals that could harm their babies was denied.

One employee says she was fired after she experienced heavy bleeding in her pregnancy and was supposed to be on bedrest, according to her doctor. However, Avon fired the head of North American indirect procurement at New Avon, rather than honoring her request for time off to be on bedrest.

According to another employee, Avon failed to accommodate appropriate times, locations and milk storage facilities necessary for breastfeeding.

The Avon pregnancy discrimination class action lawsuit claimed that the plaintiff and other employees were marginalized and penalized during and after their pregnancies. In spite of legal protections for pregnant and lactating employees, Avon systematically fired or otherwise made it difficult for pregnant and breastfeeding workers to continue with the company.

The plaintiffs accused Avon of violating protections for pregnant and breastfeeding employees found under Title VII of the Civil Rights Act of 1964, New York State Human Rights Law, and New York City Human Rights Law.

The company’s own rhetoric surrounding female empowerment made the pregnancy bias especially cruel, according to the Avon pregnancy discriminations class action lawsuit.

The plaintiffs said in order to combat the bias and discrimination they faced because they were pregnant or breastfeeding, they had to work even harder and more efficiently to keep their jobs and careers on track.

Avon attempted to argue that the class action lawsuit would need to go to arbitration; however, the company’s argument was kicked back by a judge who ruled that Avon would have to face the pregnancy discrimination claims in court.

The Avon pregnancy discrimination class action lawsuit was trimmed and refocused. The plaintiffs were able to retain claims under Title VII of the Civil Rights Act and the New York State Human Rights Law.

Have you experienced pregnancy discrimination at your place of employment? Tell us your story in the comment section below.

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

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

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