At the request of JBS the Defendant, a lawsuit has been transferred from the Iowa District Court for Wapello County to a federal court in Iowa.  According to a report in the Des Moines Register, the Plaintiff claims that she was unjustifiably terminated due to absences from the workplace due to the need for medical visits associated with an at-risk pregnancy.  The Plaintiff also alleged that the company failed to provide suitable facilities to collect mother’s milk.  It is alleged that JBS-USA violated both the Family Medical Leave Act and the Fair Labor Standards Act.  The Plaintiff is claiming “fair compensation for injuries, emotional distress, lost wages, equitable relief and attorney’s fees as allowed by law.

This case has very poor optics and should have been settled long since. Even under Federal rules of evidence any jury especially with a proportion of women will be inclined to identify with the Plaintiff. Irrespective of the outcome, JBS and other employers should review their policies relating to pregnant workers and comply with relevant legislation as a matter of good business practice in addition to worker welfare and customer relations.