NEWS RELEASE: Avakian Awards $152,216 in Pregnancy Discrimination Case

[Estabrook Bob]

[Description: BOLI_logo_blackBIT]

Commissioner Brad Avakian
Bureau of Labor & Industries


Press Release
For Immediate Distribution
June 5, 2012
CONTACT: Bob Estabrook, 503-709-0730

Avakian Awards $152,216 in Pregnancy Discrimination Case
Medford woman was demoted over pregnancy and fired for complaining about it

MEDFORD- Oregon Bureau of Labor and Industries (BOLI) Commissioner Brad Avakian has issued a final order in the case against Gary Speaks and Cyber Center, Inc., which operated a bar and grill in Medford.  With evidence showing that a former Cybercenter Sports Grill assistant manager was demoted and lost pay when she became pregnant, and that Speaks and Cyber Center then terminated her for complaining about the discrimination, Avakian ordered $12,216.40 in back pay and $140,000 in emotional and mental suffering damages be paid to the woman.

"The Bureau of Labor and Industries is always going to take strong action to protect the rights of female Oregonians in the workplace," Avakian said.  "Cyber Center and Gary Speaks compounded one unlawful decision with an even more egregious one.  Demoting an expectant mother would have been bad enough, but firing her when customers rally to her defense is just unconscionable."

Speaks and the now-defunct business are jointly and severally liable for $132,172 in economic and non-economic damages arising from the unlawful termination.  Only the business is responsible for the remaining $20,044.40 in back pay and distress damages related to the initial demotion and pay cut, where Gary Speaks was not shown to have actively participated in that unlawful practice.  A judgment from BOLI can be collected and enforced through various means, and the judgment remains even if the business is closed.

The 48-page final order in the Cyber Center case is available online<http://www.oregon.gov/BOLI/LEGAL/docs/FOpdffiles/2012_FOs/Cyber_Center_Inc_29-11.pdf>.  Also visit www.oregon.gov/BOLI<http://www.oregon.gov/BOLI> for more information about BOLI and the prosecution of civil rights and other employment law violations.


######



The mission of the Bureau of Labor and Industries is to protect employment rights, advance employment opportunities, and protect access to housing and public accommodations free from discrimination.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://omls.oregon.gov/pipermail/boli_media/attachments/20120605/ef613e29/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 11418 bytes
Desc: image001.png
URL: <https://omls.oregon.gov/pipermail/boli_media/attachments/20120605/ef613e29/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: 06.05.12 BOLI Release - Cyber Center Order.pdf
Type: application/pdf
Size: 28644 bytes
Desc: 06.05.12 BOLI Release - Cyber Center Order.pdf
URL: <https://omls.oregon.gov/pipermail/boli_media/attachments/20120605/ef613e29/attachment.pdf>