Journeys Pregnancy Discrimination Lawsuit

A former Journeys employee in Queens has filed a lawsuit against Genesco Inc., the company behind the popular shoe chain. The Store Manager claims she was wrongfully fired just days before giving birth and only one day before she was set to begin her maternity leave. The complaint, filed by Attorney Armando Ortiz in the Eastern District of New York, alleges that the company discriminated against the plaintiff based on her pregnancy, failed to provide reasonable accommodations, retaliated against her for reporting the mistreatment, interfered with her right to take FMLA leave, and failed to pay her accrued vacation pay.

According to the lawsuit, after the plaintiff informed her employer of her pregnancy, she experienced escalating harassment and scrutiny from her District Manager and was pushed to take leave early or accept a demotion. Despite improving her sales numbers, she was terminated abruptly during her final week of pregnancy. The plaintiff also claims Genesco never paid her for over 100 hours of accrued paid time off that she had earned before her termination. Under the New York Labor Law, accrued vacation pay counts as wages, making this a wage claim in addition to the discrimination and retaliation claims.

See Complaint Here.

FREQUENTLY ASKED QUESTIONS

What does the Journeys (Genesco) lawsuit allege?

The lawsuit alleges Genesco discriminated against the plaintiff based on her pregnancy, failed to provide reasonable accommodations, retaliated against her for complaining to HR, interfered with her FMLA leave rights, and failed to pay her over 100 hours of accrued vacation pay after firing her just before her maternity leave began.

Is accrued but unused vacation pay considered "wages" under New York law?

Yes. Under the New York Labor Law, wages include benefits and wage supplements such as vacation, separation, or holiday pay, which means an employer's failure to pay out earned but unused vacation time can be pursued as an unpaid wages claim.

Is this a class action other employees can join?

No. This is an individual lawsuit brought by one former employee, not a class or collective action. If you experienced similar treatment at your own job, you'd need to bring a separate claim rather than join this one.

What could I recover if I have a similar claim?

Depending on the facts, you may be able to recover back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorneys' fees and costs, similar to what's being sought in this case.

Where can I view the complaint that was filed?

The filed complaint is publicly available as a PDF, linked directly from this page.

CONTACT FITAPELLI & SCHAFFER LLP