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Plaintiff alleges restaurant chain discriminated against pregnant employees under Civil Rights Act

COOK COUNTY RECORD

Tuesday, April 1, 2025

Plaintiff alleges restaurant chain discriminated against pregnant employees under Civil Rights Act

Federal Court
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U.S. District Court for the Western District of Pennsylvania | Official website

A former employee of a popular pancake house has filed a lawsuit alleging discrimination and retaliation due to her pregnancy. Nicole Horn, the plaintiff, filed the complaint on March 20, 2025, in the United States District Court for the Northern District of Illinois against NSCG Emily’s Pancake House of Lindenhurst, LLC. The lawsuit accuses the defendant of violating Title VII of the Civil Rights Act of 1964 and the Pregnant Workers Fairness Act by engaging in pregnancy-based discrimination and harassment.

According to court documents, Nicole Horn was employed as a server at Emily’s Pancake House from August 2022 until her termination on January 19, 2025. Horn claims that after she informed her employer about her pregnancy with twins in February 2024 and requested maternity leave due to medical complications in September 2024, she faced discriminatory treatment. She alleges that her boss, Karri Smith, denied her opportunities to work shifts and subjected her to a hostile work environment because of her sex and pregnancy. "Defendant retaliated against Plaintiff for requesting accommodations," states the complaint.

Horn further contends that upon returning from maternity leave in October 2024, she was only allowed to work limited hours despite having previously worked five days a week. She asserts this reduction in hours was retaliatory. The situation escalated when Horn took a day off on January 18, 2025, after providing advance notice per company policy; she was terminated via text message the following day. The plaintiff argues that her termination was not due to performance issues but rather because of her gender and pregnancy status.

The lawsuit outlines several counts against NSCG Emily’s Pancake House under both Title VII and the Pregnant Workers Fairness Act. These include sex-based discrimination, harassment, retaliation for engaging in protected activities such as requesting maternity leave and accommodations for medical appointments related to her high-risk pregnancy. Horn is seeking various forms of relief from the court including back pay, front pay, compensatory damages for emotional distress and punitive damages. Additionally, she requests coverage for legal fees incurred during this process.

Representing Nicole Horn are attorneys Nathan C. Volheim and Sophia K. Steere from Sulaiman Law Group Ltd., based in Lombard, Illinois. The case is being heard under Case ID: 1:25-cv-02980 with jurisdiction invoked pursuant to federal law given its basis on alleged violations of civil rights statutes.

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