Pregnancy Discrimination – Terminating Employment Shortly After Notification of Pregnancy and Request for Pregnancy Leave Supports Pregnancy Discrimination Finding

The likelihood of prevailing in any employment case substantially increases when a Plaintiff is able to show temporal proximity (i.e. termination occurs shortly after Plaintiff engages in conduct protected by the law).  An inherent feature of a pregnancy discrimination claim is that temporal proximity is almost always apparent. This concept recently played out in Turevsky v. Fixtureone Corp., 2012 U.S. Dist. LEXIS 151221 (E. D. Pa. no. 10-cv-2911) (October 18, 2012) (Joyner, J.), where the Plaintiff notified the employer she was pregnant in June 2007. Thereafter, on November 11, 2007, Plaintiff informed the employer she would begin a leave in early December 2007 and the Defendant laid Plaintiff off on November 16, 2007. In Turevsky, the Court denied a Motion for Summary Judgment finding it was undisputed that the Defendants knew of her pregnancy, Plaintiff was qualified for the job in question, and her termination constitutes an adverse employment decision. The Court relied upon the temporal proximity between Plaintiff informing the Defendants of her anticipated maternity leave and her termination and found that temporal proximity raises an inference of discrimination.

 For more information on Pregnancy discrimination and Abramson Employment Law see

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Filed under Employment Law, Pregnancy Discrimination

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