Jury May Find Pregnancy Discrimination Where Employer Refused To Assign Work To Avoid Injury To Pregnant Worker

March 26, 2018

Pregnancy discrimination can arise from an employer’s effort to “protect” a pregnant worker from harm, just as it can from other adverse actions.

It was alleged that the employee no longer received teaching assignments after her pregnancy became visible and known. According to the employee, the principal told her she was not contacted for substitute work because the school wanted to avoid liability in the event she became injured. Employee alleged, among other things, that the school engaged in pregnancy discrimination in violation of Title VII. The employer denied the allegations. In denying the employer’s request to dismiss the case, the Court found that a jury reasonably could conclude that the employee had been discriminated against because of the direct evidence of discrimination that she presented.