Generally speaking, civil lawsuits are inherently unpredictable and there’s always a chance of losing a case. But for workers who want to sue their employers for discrimination, the odds are especially challenging.
For example, in federal court from 1979 to 2006, plaintiffs in non-employment law cases won 51% of the time. But when the employee was the plaintiff in an employment discrimination lawsuit, they only won 15% of the time.
One of the reasons why plaintiffs in labor law cases struggle so much is because of the lack of convincing evidence. Yet on occasion, the employee has a “smoking gun” that can help them win. A recent settlement involving a restaurant and the U.S. Equal Employment Opportunity Commission (EEOC) demonstrates this.
EEOC v. Bourne’s House, LLC
Lauren Gerald (Gerald) applied for a position at one of Bourne’s House, LLC’s restaurants on April 18, 2019. She applied in person by meeting with Suzi Bourne (Bourne), who was the manager and owner of Bourne’s House, LLC. At the end of the meeting, Bourne offered Gerald the job of hostess and told her to report to the restaurant the following day.
During this “interview,” Gerald was about 14 weeks pregnant. At no time did she mention her pregnancy to Bourne, ask for any pregnancy-related accommodations or indicate she had any work restrictions. However, Bourne quickly learned that Gerald was pregnant. So the same day Bourne hired Gerald, she sent Gerald a message on Facebook that said:
"Hey, I'm sorry to tell...
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