A third former Scotch & Sirloin waitress sues for discrimination

WICHITA — Another former Scotch & Sirloin waitress has filed a federal lawsuit against the restaurant alleging discrimination due to a pregnancy.

Tricia Molina worked at the restaurant from January 2009 to October 2009.

The lawsuit says business was slow at that time, and Molina made plans to return during the busier holiday season.

She claims that when she called to confirm her return date, she was told that because she was pregnant, she couldn’t return until after she gave birth.

As Have You Heard? reported in December, former Scotch waitress Erica Pizzola filed a federal suit claiming she was fired after Scotch general manager Sonny Glennon learned she was pregnant.

That case has been settled.

Former waitress Christina Nuss also filed a lawsuit claiming “illegal practices of terminating pregnant waitresses and promoting an atmosphere which tolerates the sexual harassment of female employees.”

Part of Nuss’ lawsuit says the Scotch has wage payment practices that are in violation of the Fair Labor Standards Act. She says money has been illegally deducted from waitresses’ pay for cooks and advertising.

That portion of the lawsuit has been certified as a collective action. Current or former waitresses (dating back to March 17, 2007) have until June 1 to opt into the wage claim.

Scotch attorney Forrest Rhodes won’t comment on the wage case because it’s ongoing.

Regarding Molina’s new suit, Rhodes says, “We don’t think there’s any merit to her allegations, and we’ll respond appropriately through the legal process.”

Randy Rathbun, the attorney representing the three former waitresses, finds the timing of the alleged discrimination against Molina to be interesting.

“The thing that I find so amazing is Tricia’s case arose after they had already settled Erica Pizzola’s case,” he says. “It’s just like, the laws don’t apply to us.”