Lawsuit accuses Clearfield restaurant of civil-rights violation

The federal government has sued a Japanese restaurant in Clearfield, accusing it of firing a server because she was pregnant — a violation of the Civil Rights Act of 1964.

Attorneys in the Phoenix office of the U.S. Equal Employment Opportunity Commission, which serves Utah, filed the lawsuit in U.S. District Court in Salt Lake City on Thursday against Tepanyaki of Clearfield LLC.

According to a statement by the EEOC, the restaurant hired Alison Woodbury in February 2007, but she was fired during training, after the restaurant learned she was pregnant.

The lawsuit says the restaurant violated Title VII of the Civil Rights Act, which prohibits discrimination based on a number of factors — including race, religion and sex, including pregnancy and sexual harassment.

A manager at the Clearfield Tepanyaki Japanese Steakhouse and Sushi Bar who did not give her name declined to comment to the Deseret News on Thursday, saying she had not been notified of the lawsuit.

The EEOC said it filed the lawsuit after attempting to reach a settlement with Tepanyaki. The lawsuit seeks back pay and interest, as well as compensatory and punitive damages from Tepanyaki.

"Terminating or refusing to hire someone due to her pregnancy is sex discrimination and is plainly and simply illegal," Chester V. Bailey, district director of the EEOC's Phoenix District Office, said in the prepared statement.

It's not the first time that the restaurant has faced labor issues. In September, the U.S. Department of Labor recovered $200,000 in back wages for 230 employees at the Tepanyaki restaurants in Clearfield, Salt Lake City, Provo, West Jordan and Lehi. The Labor Department said that the Tepanyaki had not paid overtime to some non-exempt employees who worked more than 40 hours a week. Tipped employees were required to contribute their tips to a pool for other employees, and the result was that the employees did not earn minimum wage.

E-MAIL: lhancock@desnews.com