Fired Porto’s Bakery Worker Sues for Pregnancy Discrimination

Disclaimer: This article is for information purposes only. McCormack Law Firm is not involved in this case.

Pregnant workers and new mothers in California are protected from workplace discrimination based on their pregnancy. Getting demoted in retaliation for requesting pregnancy leave or being fired for taking time off to treat post-partum complications are just some examples of ways in which pregnancy discrimination can occur. When an employer engages in such unlawful actions, workers have the right to hold them accountable.

A woman sued Porto’s Bakery for pregnancy discrimination and wrongful termination in Los Angeles Superior Court. She claimed she was fired despite having a stellar work record that got her praise from colleagues and management.

Kimberly Flores started working as a server and sales associate at Porto’s Bakery in December 2019. Her job duties included welcoming customers, packing purchases, and helping coworkers, among other tasks. She said she was fired from the famous bakery chain’s Glendale location in April 2020 after getting pregnant and having medical issues.

In February 2020, Flores began bleeding at work and requested leave to seek immediate medical attention. Her doctor recommended that she avoid lifting more than 10 pounds and doing anything strenuous. The work restrictions also directed her to take frequent rest breaks and refrain from sitting or standing for long periods. 

After Flores notified Porto’s management about her pregnancy, she was transferred to their customer call center. The lawsuit noted that she always kept management informed about her medical issues during the pregnancy.

Although Flores never had any attendance or job performance problems, the lawsuit claimed management’s attitude toward her began to change. The employer allegedly reduced her hours, denied meal and rest breaks, and assigned her to shifts they knew she could not work. She was eventually fired in April 2020.

According to court documents, Flores never received a negative performance review before her pregnancy. She believes she suffered discrimination and wrongful termination because of her pregnancy and requests reasonable accommodations, per her doctor’s recommendations.

Both federal and California laws prohibit employers from discriminating against pregnant employees. Under the California Fair Employment and Housing Act, employers must provide pregnant employees with reasonable accommodations if they have been advised of medical restrictions. 

If you believe you have experienced workplace discrimination because of your pregnancy or childbirth, you may be able to recover damages for back pay, pain and suffering, and other losses. Contact the San Francisco employment attorneys at McCormack Law Firm to discuss your situation. We can help you understand your rights regarding pregnancy leave and other related issues.