UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

 

JENA HESSMAN,

Plaintiff,

v. CASE NO:

LINDA’S COFFEE CAKES, INC.

d/b/a THE CAKE SHOP,

 

Defendant.

____________________________________/

 

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, JENA HESSMAN, by and through undersigned counsel, sues 

Defendant, LINDA’S COFFEE CAKES, INC., d/b/a THE CAKE SHOP, as follows:

INTRODUCTION

1. This is an action brought pursuant to Title VII of the Civil Rights Act 

of 1964, 42 U.S.C. §§2000e et seq. (“Title VII”), Title I of the Civil Rights Act of 

1991, 42 U.S.C. § 1981a (“Title I”), and the Pregnancy Discrimination Act (“PDA”) 

of 1978, 42 U.S.C. § 2000e(k), to correct unlawful employment practices on the basis 

of sex (pregnancy) and to provide appropriate relief to Jena Hessman (“Plaintiff” or 

“Hessman”), who was adversely affected by such practices. Plaintiff alleges that 

Defendant, Linda’s Coffee Cakes, Inc. d/b/a The Cake Shop (“Defendant” or “Cake 

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Shop”), discriminated against her because of her need to lactate, a condition of her 

sex (female) a post-pregnancy process.

JURISDICTION, VENUE, AND PARTIES

2. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 451, 1331, 

1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 

706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 

§ 2000e-5(f)(1) and (3) (“Title VII”), the Pregnancy Discrimination Act of 1978, 42 

U.S.C. § 2000e(k), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 

1981a.

3. The employment practices alleged to be unlawful were committed 

within the jurisdiction of the United States District Court for the Northern District 

of Florida, Tallahassee Division.

4. Plaintiff, Jena Hessman, is an individual 18 years of age or older and is 

thus sui juris. At all times material hereto, she has resided in Leon County, Florida.

5. At all times material hereto. Defendant has continuously been an 

employer within the meaning of the statutes referenced herein.

ADMINISTRATIVE PROCEEDINGS

6. All conditions precedent to bringing this action have occurred, been 

performed, or have been expressly waived. 

7. Plaintiff timely file a charge of discrimination with the EEOC and 

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FCHR and received a notice of right to sue thereafter.

GENERAL ALLEGATIONS

8. Plaintiff, Jena Hessman, was an employee of Defendant and began her 

employment on or about January 5, 2015. 

9. Plaintiff is a female, who had recently delivered a baby and was 

lactating or breastfeeding to feed her baby.

10. Plaintiff essentially worked as an assistant manager. Her 

responsibilities included cake decorating, icing cupcakes, packing and shipping 

products and customer service.

11. Plaintiff’s pregnancy did not impact her ability to satisfactorily perform 

her duties.

12. Plaintiff was due to be out on approved maternity leave from June 1, 

2018 through August 13, 2018.

13. On or about August 6, 2018, just prior to her return to employment, 

Plaintiff informed Linda Richards that, as a new mother, she would need to be 

allowed breaks and a location to pump her breast milk in order to provide food for 

her child.

14. On August 7, 2018, Plaintiff came Defendant’s location on Capital 

Circle to introduce her new baby to her co-workers and to discuss her upcoming 

return to work on August 13, 2018.

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15. Plaintiff was never allowed to return to work for Defendant and instead, 

on August 9, 2018, Plaintiff was told by Linda Richards that the shop no longer fit 

her (plaintiff’s) “lifestyle” and it would be inappropriate for Plaintiff to pump at 

work. 

16. Plaintiff offered to pump off site at a relative’s home that was 

approximately five minutes from the shop, but Richards rejected this offer and 

informed Plaintiff that she was no longer able to perform her job duties.

17. Plaintiff was terminated as of August 9, 2018 and never placed back on 

the schedule to work for Defendant.

STATEMENT OF CLAIMS

18. As set forth in paragraphs 8 through 17, Defendant engaged in unlawful 

employment practices including the termination of Plaintiff’s employment because 

of her necessity to lactate, a condition of her sex (female).

19. Defendant’s conduct constitutes unlawful employment practices in 

violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2 and the Pregnancy 

Discrimination Act of 1978, 42 U.S.C. § 2000e-(k).

20. As a result of Defendant’s acts as stated above, Plaintiff has suffered 

emotional pain, mental anguish, inconvenience, and other damage.

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21. The unlawful employment practices complaint of above were 

intentional and caused pecuniary loss to Plaintiff including, but not limited to, lost 

earnings, compensation, and benefits.

22. The unlawful employment practices complained of above were done 

intentionally and with malice and/or reckless indifference to the federally protected 

rights of the Plaintiff.

WHEREFORE, plaintiff prays that this Court will:

a. Grant a permanent injunction enjoining Defendant, its officers, 

successors, assigns, and all persons in active concert or participation with it, 

from engaging in employment practices which discriminate on the basis of 

sex (pregnancy);

b. Order Defendant to institute and carry out policies, practices, and 

programs which prohibit discrimination based on sex (pregnancy) and any 

other employment practice which discriminates on the basis of sex and which 

eradicates the effects of its past and present unlawful employment practices;

c. Order Defendant to make Plaintiff whole by providing compensation 

for past and future pecuniary losses, including appropriate back pay and 

benefits with prejudgment interest and all out-of-pocket expenses, in amounts 

to be determined at trial;

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d. Order Defendant to make Plaintiff whole by providing compensation 

for past and future non-pecuniary losses resulting from the unlawful practices 

complained of above, including emotional pain, suffering, inconvenience, and 

humiliation, in amounts to be determined at trial;

e. Order Defendant to pay Plaintiff punitive damages for the intentional, 

malicious, and recklessly indifferent conduct described above, in amounts to 

be determined at trial;

f. Grant plaintiff her costs and reasonable attorney’s fees; and

g. Grant plaintiff such other and further relief as the circumstances and 

law provide. 

DEMAND FOR JURY TRIAL

Plaintiffs hereby demands jury trial on all issues so triable as a matter of right.

Dated this 18th day of September, 2019. 

Respectfully submitted,

/s/ Tiffany R. Cruz

Tiffany R. Cruz

Florida Bar No: 90986

FRIEDMAN, ABRAHAMSEN & CRUZ

403 E. Park Avenue

Tallahassee, FL 32301

Telephone: 850-681-3540

Tiffany@fa-lawyers.com 

Paralegal@fa-lawyers.com

Attorney for Plaintiff

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