Pregnancy Discrimination

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In Magdo v. Fidessa Corp., a New York state trial court recently held that plaintiff presented enough evidence to survive summary judgment on her gender/pregnancy discrimination and retaliation claims under the New York City Human Rights Law. Plaintiff claimed that after she told her supervisor about her pregnancy, he made derogatory comments to her, including…

Read More Citing Derogatory Comments About Pregnancy, Court Allows Discrimination and Retaliation Claims to Continue
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In Baldwin v. Bank of America, N.A., the New York Supreme Court, Kings County, recently held that plaintiff adequately pled “aiding and abetting” claims against her former supervisor, Perez. Plaintiff alleged discrimination on the basis of gender, pregnancy, and disability. Her complaint contained four causes of action: three against the defendant Bank, and the fourth…

Read More Plaintiff Adequately Pleads “Aiding and Abetting” Claim Against Individual Under the New York City Human Rights Law
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In Meadors v. Ulster County, the Northern District of New York held in favor of plaintiffs, county corrections officers, on various employment discrimination claims. Here we summarize the court’s holdings on plaintiffs’ sexual harassment, disparate treatment, retaliation, and pregnancy discrimination claims. Hostile Work Environment The court held that plaintiffs presented “barely” just enough evidence to survive…

Read More Court Rules in Favor of Corrections Employees on Sexual Harassment, Sex Discrimination, Retaliation, and Pregnancy Discrimination Claims
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In a lawsuit captioned Mercado v. Dr. Gabriela Ana Olaru (N.Y. Sup. Ct. Index No. 160167/2013), plaintiff Jennifer E. Mercado alleges that her employer discriminated against her because of pregnancy-related work absences and lateness. From the complaint: Ms. Mercado found out that she was pregnant in or around April of 2011 and informed her employer shortly thereafter.…

Read More Pregnancy Discrimination Lawsuit Against OB-GYN
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The New York City Council recently (and unanimously) passed the Pregnant Workers Fairness Act, which will broaden the New York City Human Rights Law to include enhanced protections for pregnant workers.  (You can read more about the new legislation on the City Council’s website; Think Progress also summarizes it here.) The New York City Human Rights Law…

Read More New York City Council Passes “Pregnant Workers Fairness Act”
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That pesky First Amendment.  Always causing trouble. As has been widely reported (for example, here and here), an Ohio jury recently awarded former Catholic school computer technology teacher Christa Dias more than $170,000 in her federal anti-discrimination lawsuit against the Roman Catholic Archdiocese of Cincinnati. Plaintiff claimed that she was fired because she was pregnant (due to…

Read More Recent Pregnancy Discrimination Verdict May Lead To Revisiting The “Ministerial Exception” To A Federal Anti-Discrimination Claim
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In Krause v. Lancer & Loader Group LLC, 40 Misc.3d 385 (Sup. Ct. NY Cty. May 1, 2013), the court confirms that both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) recognize claims of pregnancy discrimination, and that she stated such a claim under both laws.…

Read More Plaintiff States Claim for Pregnancy Discrimination Under the New York State and City Human Rights Laws
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In Briggs v. Women in Need, Inc, 819 F.Supp.2d 119 (2011), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s complaint alleging discrimination under the Pregnancy Discrimination Act (PDA) by her nonprofit employer. The Facts Plaintiff advised her employer of her pregnancy in March 2007, went on medical leave due to her high-risk pregnancy…

Read More Plaintiff May Press Pregnancy Discrimination Claims Against Non-Profit Women in Need Inc.
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In law school, a professor once conveyed to our Torts class a four-word phrase that can fairly be said to embody the teachings of thousands of judicial opinions over hundreds of years:  “No evidence, no win.”  Southern District of New York Judge Loretta Preska echoed that sentiment – albeit in slightly different form (“’J’accuse!’ is not enough in…

Read More SDNY: summary judgment for Bloomberg L.P. on plaintiffs’ “pattern or practice” pregnancy discrimination claim
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In Govori v. Goat Fifty LLC, 10 Civ. 8982 (S.D.N.Y. March 30, 2011), the Southern District of New York held that plaintiff adequately stated a claim for pregnancy discrimination. Plaintiff contended that she was fired after announcing her plans to undergo in vitro fertilization (“IVF”), and sought relief under Title VII of the Civil Rights…

Read More Female Server States Claim For Pregnancy Discrimination, Bias Against In Vitro Fertilization
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