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Press Release

CLEARFIELD JAPANESE RESTAURANT SUED BY EEOC FOR PREGNANCY DISCRIMINATION

The U.S. Equal Employment Opportunity Commission

PRESS RELEASE
4-2-09

Tepanyaki Steakhouse Fired Pregnant Server Immediately Upon Discovering Her Condition, Federal Agency Charges

SALT LAKE CITY – A Clearfield, Utah-based Japanese restaurant violated federal law by firing a server because of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

According to the EEOC’s suit against Tepanyaki of Clearfield L.L.C. (Case No. 1:09-cv-43 TS in U.S. District Court for the District of Utah), Alison Woodbury was hired by Tepanyaki Japanese Steakhouse and Sushi Bar in approximately February 2007. During her initial training, Tepanyaki discovered that she was pregnant and immediately terminated her employment. Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. The EEOC filed suit after first attempting to reach a voluntary settlement.

The agency’s suit seeks monetary relief from Tepanyaki, including back pay with prejudgment interest, and compensatory and punitive damages. The EEOC is also seeking an injunction prohibiting future discrimination by Tepanyaki and any other relief necessary to prevent it from engaging in any further discriminatory practices.

“Terminating or refusing to hire someone due to her pregnancy is sex discrimination and is plainly and simply illegal,” said Chester V. Bailey, director of the EEOC’s Phoenix District Office, which also serves the state of Utah.

Mary Jo O’Neill, regional attorney at the EEOC’s Phoenix District Office, said, “Tepanyaki took away Ms. Woodbury’s means of helping to support her family when it found out she was expecting a child. This is another example of

the alarming increase in the number of pregnancy charges that this agency has seen in recent years.” In Fiscal Year 2008, the EEOC and state/local agencies nationwide received a record high 6,285 pregnancy discrimination charge filings, up 12% from the prior year and 50% over the past decade. The pregnancy discrimination charge statistics are available on the EEOC’s web site at http://www.eeoc.gov/stats/pregnanc.html.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

This page was last modified on April 2, 2009.