The case centers on a female server whom Cosmos Restaurant allegedly terminated in November 2023, the day after the company learned she was pregnant, according to the EEOC's lawsuit. She had worked at the restaurant for less than a week at the time of her firing.
Smoke BBQ, LLC, and Thorny Oyster, LLC — the operators of Cosmos Restaurant — agreed to settle the federal lawsuit brought by the U.S. Equal Employment Opportunity Commission. In addition to significant monetary damages, the consent decree includes mandatory training requirements, policy changes, and reporting obligations.
The EEOC had filed suit as EEOC v. Smoke BBQ LLC and Thorny Oyster LLC, Case No. 1:25-cv-00278, in U.S. District Court for the Southern District of Mississippi after first attempting to reach a pre-litigation settlement through its administrative conciliation process.
Marsha Rucker, regional attorney for the EEOC's Birmingham District, stated that employers cannot dismiss pregnant workers because of their pregnancy, and that federal law is clear that Title VII prohibits pregnancy-based discrimination in the workplace. Bradley Anderson, EEOC Birmingham District Director, said the injunctive relief in the decree — including its mandatory training requirements, policy changes, and reporting obligations — underscores the EEOC's commitment to enforcing federal protections for pregnant workers.
The EEOC's Birmingham District Office has jurisdiction over Alabama, Mississippi (except 17 northern counties), and the Florida Panhandle.