CLOVIS, N.M. -- The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Clovis, N.M.-based Allsup’s Convenience Stores, alleging discrimination against at least eight identified pregnant or temporarily disabled women and several others, reported The Clovis News Journal.
An EEOC news release obtained by the newspaper said that the agency filed the lawsuit in U.S. District Court on Tuesday. An Allsup’s spokesperson declined comment to the paper.
According to the report, the release alleges violations including:
- Discharging a woman and similarly aggrieved pregnant women with disabilities.
- Subjecting the women to discrimination in the terms, conditions or privileges of their employment, including forcing qualified individuals with disabilities to take involuntary leave immediately upon notification of their disabilities or requests for accommodation.
- Not making reasonable accommodations to qualified individuals with disabilities.
- Denying employment opportunities to qualified individuals with disabilities because of their disabilities and the need to make reasonable accommodations to them.
- Refusing the women job-duty modifications, shift accommodations, leave or other accommodations that would have allowed them to continue working during their pregnancies.
Regional Attorney Mary Jo O’Neill from EEOC’s Phoenix district office said the company has violated both the Pregnancy Discrimination Act of 1978 and the Americans with Disabilities Act, which are both federal laws.
O’Neill said two women, Joy Martinez-Pointer and Heavenly Elliott, filed the first complaints in 2012 and 2013, which opened up an investigation into Allsup’s treatment of pregnant women. O’Neill said that during the investigation, the EEOC discovered that it was more than just the two complaints they were dealing with.
“We found out that it affected more than just the two charging parties,” O’Neill told the paper. “We determined it was a broader issue than just an individual case. It’s hard to know (how many); our guess is between 10 and 15. We will find out more in litigation.”
According to the lawsuit, Allsup’s discriminated against the women working at Allsup’s c-stores in Ruidoso, Albuquerque and Hobbs, N.M., and in Texas.
Allsup’s has 318 convenience stores in New Mexico and Texas.
Click here to view the full Clovis News Journal report.
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