A text message from a manager to a worker that a Florida continuing care retirement community describes as “unauthorized communication” that was “taken out of context” is at the center of a lawsuit alleging that the community discriminated against the worker by not considering her for a promotion because she might become pregnant in the future.
The Equal Employment Opportunity Commission filed the lawsuit Friday against Glenridge on Palmer Ranch, Sarasota, FL, alleging a violation of Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act.
Michelle Fredericks, according to the complaint, had worked for Glenridge’s dining department since 2007 as a server, busser, bartender or food purchasing clerk.
“In 2015, there was a vacancy for a dining supervisor position at Glenridge,” the EEOC said. “Glenridge managers informed Fredericks of the dining room supervisor position opening and encouraged her to apply for it.”
Before Fredericks applied, however, a dining department manager allegedly sent her a text message asking her when she planned to have another baby, adding, “With this position it doesn’t leave a lot of time off for long periods of time.”
Fredericks, according to the lawsuit, told the supervisor that she was not actively trying to become pregnant but could not guarantee that she would not have another child.
The EEOC said that Fredericks applied for the job Sept. 1, 2015, but was not interviewed or hired. Instead, the agency said, her employment was terminated three days later, and someone else was hired for the position.
Sunya Wilson, part of the human resources team at The Glenridge on Palmer Ranch, told McKnight’s Senior Living that Fredericks did not formally apply for the position “and as a result, was not interviewed.”
“At The Glenridge on Palmer Ranch, our philosophy in hiring practices is to be equal and inclusive, and it is not our policy to discriminate,” Wilson said. “In this circumstance, we believe a text message exchange among co-workers and friends was taken out of context, and we regret that this unauthorized communication occurred.”
The agency has asked the court to award back pay, additional compensation and punitive damages to Fredericks and to require Glenridge to train all managers and supervisors involved in the hiring process on how to comply with federal laws and company policies related to nondiscrimination in hiring.
