Edible Arrangements employee sues over alleged pregnancy prejudice

By Carol Ostrow | Jul 30, 2015

PHILADELPHIA - A woman is suing a culinary franchise claiming violation of her rights and disability discrimination in a 2014 employment dispute.

Marina Lostritto sued Philly Fruit Design LLC III, Philly Fruit Design LLC II, and Philly Fruit Design LLC, all doing business as Edible Arrangements, of Philadelphia, in the U.S. District Court Eastern District of Pennsylvania on July 20, claiming unlawful employment practices when she was terminated in May 2014.

According to court documents, the plaintiff was hired by the defendants as a fruit designer on or about March 2, 2014.

The suit states that approximately two weeks prior to her termination, Lostritto informed her employer that she was pregnant and might have difficulty with heavy lifting.

The plaintiff claims that just prior to Mother’s Day when the business was extremely busy, she was denied breaks to rest and eat; and asserts that she was terminated on or about May 13, 2014. The suit states that the reason given to her was because she had requested a break.

Alleging that her employer failed to provide accommodations, Lostritto contends that she was fired because she was pregnant, in violation of employment law.

Charging that the defendants’ deliberate and willful misconduct caused her emotional distress, the plaintiff seeks injunctive and declaratory action, punitive damages, attorneys’ fees, and court costs. She is represented by Ari Karpf of Karpf, Karpf & Cerutti in Bensalem.

U.S. District Court Eastern District of Pennsylvania Case 2:15-cv-04004-GAM.

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