Jennifer Paviglianiti, 29, of Centereach, N.Y., has filed an interesting discrimination lawsuit against her former boss, John Doxey and the Cafe Royale Gentleman’s Club (a topless bar). When she became pregnant, she was allegedly fired because her new image was not what the club members expected.
Paviglianiti filed charges of discrimination with the United States Equal Employment Opportunity Commission (EEOC) alleging “cause of discrimination” is based on “sex, retaliation, perceived disability, and pregnancy.” She quotes Doxey as telling her that customers are “not coming in to see sexy bartenders that are pregnant and bulging out.”
What makes this case particularly interesting is that Paviglianiti has produced a tape showing her arguing with Doxey. On the tape, Doxey reportedly states “A pregnant woman behind the bar, in a topless bar, I’m beginning to think that it’s hurting the registers and you’re incapable of fulfilling all of your job duties. . . . I’m not saying that you’re not trying, OK, but number one, I don’t want nothing to happen to you…they’re not coming in to see sexy bartenders that are pregnant that are bulging out, I’m sorry… Each week you’re getting bigger and bigger, and uh, more unsexy, unsexy, OK….I’m not saying that you’re not ringing the register, I just said there’s all different things and aspects, customers don’t wanna come in and see a pregnant woman behind the bar. Why can’t you get that through your head, you’re not getting it.” He better hope that this is not a jury trial with any women on the panel.
This could create a fascinating debate over the meaning of a bona fide occupational qualification (BFOQ) under the Civil Rights Act which states:
Notwithstanding any other provision of this subchapter … it shall not be an unlawful employment practice for an employer to hire and employ employees … on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
We have seen such cases arises in businesses that hire based on beauty, here and here.
United States Code Title 29 (Labor), Chapter 14 (age discrimination in employment), section 623 (prohibition of age discrimination) establishes that “It shall not be unlawful for an employer, employment agency, or labor organization (1) to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age, or where such practices involve an employee in a workplace in a foreign country, and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located.”[
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Mr. Gerty,
Silence is not good for you at this time. It is repression. You do want my help? Ya.
This subject of your mother I understand is tender. it is best to get this off of your shoulders. Please tell me. You may talk here in the strictness of confidences.
This is good for you. You are in the company of the people that care most for you. Please do tell us more. Do you like bridges? You make reference to $$$$ signs and trolls? Do you think you are regressing at the present time?
Do you think you are the troll bridge operator?
F$#k this sh$thole.
Come mention my mother to me in person and you’ll know what sorry is.
Go fu$k yourself troll.
Mr. Gerty,
Why kind of case did you imagine? A case of beer, scotch, whiskey? Are you into substance abuse. It is not at all uncommon for some to seek solace from these. Ya, I understand you needs. Please keep talking, please.
So this is going to be much more complex than I first imagined Mr. Gerty. You will have to resolve these present issues with a sudo inflatable person in which you can take your appropriate aggressions upon. This will take a little longer, however with proper guidance from myself and staff we can heal the wounds more quickly.
I am so sorry to hear that you mother is deceased. Please accept my sincerest sorrows.
The answer to your juvenile question troll, is that its a topless bar and topless bars = big breasts.
Apparently you’re unaware that a womans breasts enlarge during pregnancy, hence it seems to me she has a case.
And people accused me of having a persecution complex.
A$$hole comes in out of nowhere and starts talking about my deceased mother. For no reason whatsover.
😐
You people are really a piece of work. I mean a real, piece of work.
Guess it takes all kinds…
Mr. Gerty,
We are in agreement then. You do agree that your head gets bigger? Ya.
chyro 1, March 2, 2010 at 8:29 pm
Some people would find pregnant women to be a graceful sight… I’m not sure most customers of a topless bar would think that way. I can certainly understand the bar owner’s thinking.
Chyro,
Would you much rather see a naked man with man boobs in short, short lederhosen? This is disgusting. You too suffer from mommy issues.
😐
Amazing.
Gerty,
I will address this with you tonight since you have inquired. You seem to have some mother identity issues that need to be dealt with on a much longer term basis but for tonight the subject matter that will be dealt with is the question that you asked.
“Gerty -aka Jacob Marley 1, March 2, 2010 at 8:55 pm
Its a topless bar right?
What happens to womens breasts when they’re pregnant?”
Of course everyone knows this but the one in such mother identity denial. But since time is short. I will answer it such as this. Your head get bigger. Do you not agree?
Its a topless bar right?
What happens to womens breasts when they’re pregnant?
🙂
I rest my case.
Some people would find pregnant women to be a graceful sight… I’m not sure most customers of a topless bar would think that way. I can certainly understand the bar owner’s thinking.
There are some very strange people. One would think that if you were googling up “Water Sports” you could get things only related to water skiing. Not some of the things that I found. There are definitely some unusual folks out there. Can I say sick. Ok, sick.
AY: damn right. The owner’s an idiot; he could have parlayed this into a huge moneymaker.
Now he’s going to lose his shirt.
Maybe if she can’t handle cases of booze, he might have something. Otherwise, Mr. Harry Knuckles will feeding both her and a bunch of attorneys quite a snack.
And then there are the ones with these exact same fetishes that would pay to see her play. I am sure of this.