In a recent lawsuit filed in Bronx Supreme Court, captioned Guzman et al v. Food 2 Lex LLC d/b/a Maialino Restaurant (Index # 25827/2015E), two workers at Danny Meyer’s Gramercy Park restaurant Maialino allege that they were terminated and denied reasonable accommodations (including unpaid leave) because of their pregnancy/pregnancy-related illnesses, in violation of the New York City Human Rights Law.
The lawsuit asserts a violation of the relatively new Pregnant Workers Fairness Act, codified at NYC Admin. Code 8-107(22). That section provides, in part:
(a) It shall be an unlawful discriminatory practice for an employer to refuse to provide a reasonable accommodation, as defined in subdivision eighteen of section 8-102 of this chapter, to the needs of an employee for her pregnancy, childbirth, or related medical condition that will allow the employee to perform the essential requisites of the job, provided that such employee’s pregnancy, childbirth, or related medical condition is known or should have been known by the employer. In any case pursuant to this subdivision where the need for reasonable accommodation is placed in issue, it shall be an affirmative defense that the person aggrieved by the alleged discriminatory practice could not, with reasonable accommodation, satisfy the essential requisites of the job.
Plaintiffs seek lost wages and benefits, compensatory damages, punitive damages, costs, and attorney fees.