The United States Equal Employment Opportunity Commission accused a South Dakota Pita Pit franchisee of discriminating against a pregnant employee.
The commission sued QSR Pita USA in the U.S. District Court for the District of South Dakota Sioux Falls Division June 23. Paul and Adam Duerre own the business, which debuted in January 2023 and dissolved earlier this year, though its former locations are still open, according to the lawsuit. BubbaMax operates at least a substantial portion of QSR Pita’s business as of March.
QSR Pita allegedly discriminated against a pregnant employee by denying her request to work remotely until the end of her first trimester “due to severe pregnancy-related nausea,” according to the lawsuit. She also requested a brief leave of absence for health reasons.
Failing to accommodate the employee would violate Title VII of the Civil Rights Act of 1964 and Title I of the American with Disabilities Act of 1990.
Pita Pit did not immediately respond to a request for comment.
A leader at the franchisee group reportedly told the employee her pregnancy “was a ‘distraction’ from work” and she wouldn’t be “as effective in the business,” according to court documents. Before making the pregnancy-related request, the employee worked from home without any complaints from management, the EEOC claimed.
The remote work request is considered a reasonable accommodation for her pregnancy-related illness, according to the commission.
Rather than accommodating the woman, QSR Pita apparently fired her, which deprived her of equal employment opportunities, the EEOC alleged.
The termination was “done with malice or with reckless indifference to” the employee’s federally protected rights, the lawsuit stated.
The commission requests an injunction against QSR Pita, its employees and BubbaMax from discriminating against employees who are pregnant, in addition to providing the employee with backpay and other financial relief.
Prior to filing the lawsuit, the EEOC tried to reach a settlement with the defendants.
Related: Pita Pit COO Looks to Leverage Long Tenure With Brand
Pita Pit USA 4.0, headquartered in Idaho, owns the franchising rights for the United States. Foodtastic Inc. owns Pita Pit Canada and Pita Pit International.
The investment required to open a Pita Pit franchise ranges from $353,154 to $685,075 for a single unit, according to its 2024 franchise disclosure document. The brand ended 2023 with 77 units in the United States, down from 101 in 2022.
Its franchised locations did between $161,554 and $773,816 in sales in 2023.
A Minnesota Culver’s franchisee is required to pay $261,000 for reportedly harassing an employee based on race, sexuality and gender. The EEOC first charged R&G Endeavors in May 2023 and the settlement was announced this June.
The commission filed a lawsuit against a Subway franchisee in Utah in May. The 20-unit operator allegedly allowed Justin Nielson, the company’s operations and marketing director, to assault and harass a 16-year-old employee on several occasions in 2020.
A Taco Bell operator was on the receiving end of an EEOC lawsuit in March. The commission alleged the Michigan franchisee, Teamlyders, allowed a female employee to be sexually harassed and fired her when she reported the misconduct.