CALIFORNIA LAWSUIT ALLGES PREGNANCY DISCRIMINATION, PREGNANT WORKERS FAIRNESS ACT VIOLATIONS & RETALIATION
On December 11, 2024, Valerian Law filed a complaint on behalf of Taylor Lee against Marriott International, Inc., Marriott International Administrative Services, Inc., Starwood Hotels & Resorts
Worldwide, LLC, and the head of sales and marketing for the Westin Maui Resort & Spa.
The complaint alleges that Ms. Lee –- a Sales Director whose entire career was devoted to various Marriott-affiliated hotels – was discriminated against as a mother and retaliated against for standing up for her health and the health of her twin babies during and after her high-risk pregnancy.
In 2023, after Ms. Lee went on medical leave, requested accommodations for her pregnancy related conditions, and complained about earlier legal violations, Marriott refused to reinstate her, removed her accounts, and left her with no choice but to resign. Top management did nothing to prevent and stop
discrimination and retaliation in violation of the law and without regard for Ms. Lee’s years of service and strong sales record at Marriott hotels.
“Marriott systematically ignored the pregnancy discrimination that my client experienced and allowed gender stereotypes to fester,” said Xinying Valerian, Lee’s attorney. “On the one hand, Marriott markets itself as caring for its employees and their families, and sends well-wishes to their employees after childbirth, but on the other hand, it’s undermining the working mother’s rights to reinstatement and equal opportunities upon return,” said Ms. Valerian.
The Complaint alleges that though Plaintiff was entitled to protected maternity leave such that she should have been returned to her position prior to taking maternity leave, and been granted accommodations for her and her babies’ ongoing medical issues, the Defendants instead engaged in a prolonged campaign to force her out while protecting the supervisor, Defendant Samuel Spurrer, who led the efforts to force Plaintiff out.
Marriott’s responses to Plaintiff’s protected activities included requesting that she self-demote prior to taking leave, requiring her to work during maternity leave, taking her clients away from her, prohibiting her from contacting her clients, singling her out for nonpayment of a sales bonus, failing to establish sales
goals for her upon her return from leave, permanently hiring a replacement, subjecting her to travel policies that had a disparate impact on her without any business justification, fomenting disrespect and outright hostility toward her as a working mom within her sales team, and refusing accommodations for
her post-pregnancy conditions, including but not limited to, lactation needs. When Plaintiff protested the unfair and unlawful treatment, Defendants had an obligation to investigate and remedy the discrimination against her. All that Defendants did in response was double down on the discrimination.
Plaintiff had been working for Marriott hotels for 20 years, working her way up the corporate ladder from the Ritz’s spa desk at age 17 to become an award-winning sales director. Plaintiff had dedicated her adult life to developing a career with the Marriott Defendants.
In the end, the hostile work environment that Defendants created in which Defendants repeatedly ignored Plaintiff’s complaints about Defendants’ discriminatory and unlawful conduct toward her left her no option but to resign in 2024.
“This is not a solitary incidence. Defendants have perpetuated a culture of harassment and retaliation against pregnant workers, thereby jeopardizing their rights, and the health and well-being of working mothers like Lee and their families,” said Felicia Medina, Valerian Law, Lee’s attorney.
Overall, Plaintiff’s experience working for Defendants reads like an employment discrimination primer on how a Company should not treat pregnant women and working mothers. Though Marriott boasts on its website and its marketing materials that it “puts people first” and “provide[s] a wide range of generous
benefits and opportunities designed to take care of you and your family, enrich your wellbeing, empower your career and start new adventures,” these statements ring hollow. The Company instead perpetuates a culture of harassment and retaliation against pregnant workers, thereby jeopardizing the rights of their
employees as well as their health and well-being.
Working mothers like Lee deserve better and are entitled to the full and fair protection of the law. The Complaint also alleges violations of the Pregnant Workers Fairness Act — the PWFA. In December 2022, Congress passed the PWFA as part of the FY 2023 omnibus spending package and President Biden
signed it into law on December 29, 2022, marking a historic civil rights victory.
The Pregnant Workers Fairness Act (PWFA) requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause
the employer an “undue hardship.” Advocates in this space have received tens of thousands of visitors to their online know-your-rights resources about the PWFA, many of whom have accessed the sample letters they created to help workers request accommodations and explain their PWFA rights to their employer. Pregnant Workers Fairness – A Better Balance.
Plaintiff Taylor Lee is seeking all legal and equitable remedies available to her under the law.
Press Contacts:
Felicia Medina; felicia@valerian.law (cell) 510-822-1028
Valerian Law P.C. is a woman of color-owned plaintiff-side law firm located in Berkeley, California. The
firm’s mission is to advocate for workers who have suffered discrimination, retaliation, wage theft and
other unfair and unsafe working conditions. Using a client-centered approach, Valerian Law effectively
leverages its attorneys’ decades of litigation and negotiations expertise in individual and class and
collective actions to expand protection for people most impacted by bias, discrimination, and disparities
in economic power. The firm specializes in individual and class action employment, civil rights, and wage
and hour disputes and has vindicated the rights of thousands of clients.
For more information, visit www.valerian.law or call 888-686-1918.