Question

Identify the labor law or laws you think may apply, whether the law was violated and why or why you do not believe the law was violated in the following fact pattern.

A 31 year old waitress at a hip restaurant in the city has the most experience of all the staff but when she got pregnant and could no longer work the hours required for the position she was terminated and replaced with a 20 year old waitress.

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According to the Equal Employment Opportunity Commission (EEOC), pregnancy discrimination involves treating a woman unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The case facts indicate that the primary reason why the waitress was terminated was her inability to work the hours required by her employer due to her pregnancy. There are at least three labor laws that apply to this case based on the EEOC definition of pregnancy discrimination, and all three were violated because the waitress was terminated purely on the basis of her being pregnant....

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