Victra, the nationwide retailer of Verizon mobile devices and the business name of ABC Phones of North Carolina, is facing a federal lawsuit after allegedly denying an employee’s request for medical leave related to her pregnancy and rescinding her job offer.
The U.S. Equal Employment Opportunity Commission (EEOC) announced the lawsuit on Wednesday, October 9, charging Victra with violating federal laws designed to protect pregnant employees. The lawsuit stems from an incident at Victra’s Dayton store where a woman, hired as a sales consultant, was forced to withdraw from her new hire training.
Before her start date, the employee discovered she needed an immediate ultrasound and medical evaluation for her high-risk pregnancy. On the day of her first training session, she notified her district sales manager that she had a medical emergency involving her unborn child’s heart. Hours later, Victra withdrew the job offer, instructing her to reapply only when she could commit to attending training “100 percent.”
The EEOC alleges that other new hires got to adjust or reschedule their training for reasons unrelated to pregnancy. Allegedly, Victra did not extend the same flexibility to this worker, constituting discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA.) The laws prohibit discrimination based on pregnancy and pregnancy-related impairments.
Nancy Sienko, district director for the EEOC’s San Francisco District, emphasized the impact of the company’s actions.
“Workers should never be forced to choose between keeping their job or seeking urgent prenatal care to protect the health of both parent and child,” Sienko said. “Losing the ability to earn income at such a critical time is devastating, and the EEOC will vigorously defend the rights of pregnant applicants and employees against employment discrimination.”
EEOC Senior Trial Attorney Mariko Ashley added that federal law now provides further protections under the Pregnant Workers Fairness Act, which took effect on Tuesday, June 27, 2023, and requires employers to provide equal opportunities and flexibility to pregnant workers.
The EEOC filed the lawsuit in the U.S. District Court for the District of Nevada after unsuccessful attempts to settle the case. The lawsuit seeks back pay, compensatory and punitive damages, and injunctive relief to prevent future discriminatory practices.
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