Pregnancy Discrimination

Complainant alleged that she informed Respondent’s owner of her need for time off due to severe morning sickness symptoms related to her pregnancy and was told by Respondent’s owner to stay home until she had recovered.  Complainant further alleged that she was then informed by Respondent’s owner that her hourly and commission-based position was being eliminated, stating that it was “not working out” and because she was taking sick leave due to her pregnancy, she was offered a commission-only remote position.  Respondent denied the allegations and asserted that it did not impose material adverse changes to Complainant’s compensation or benefits; instead it offered Complainant a remote, commission-only role designed to address her performance shortfalls and keep staff at positions where their skills can be best utilized.  Complainant initially refused the position but showed up the following day intending to begin training and on August 27, 2024, when its manager refused to sign Complainant’s self-drafted termination letter, she abruptly resigned.  A Resolution Conference was held on January 10, 2025, and the parties entered into a Pre-Determination Settlement Agreement with Respondent compensating Complainant $10,000.