Evidence Of Pretext Sufficient To Support Pregnancy Discrimination Claim
Albuquerque police officers Cynthia Orr and Patricia Paiz brought suit contending that the City of Albuquerque discriminated against them on the basis of pregnancy, in violation of the Pregnancy Discrimination Act of Title VII. Specifically, Officers Orr and Paiz allege that, when they took maternity leave, the defendant required them to do so in a manner that adversely affected their eligibility for early retirement, limited their ability to work overtime, and differed dramatically from how employees seeking time off for other medical purposes were treated. The defendant responded that it was merely applying a uniform policy applicable to all employees. The district court agreed with the defendant and granted summary judgment in its favor. On appeal, the 10th Circuit reversed, finding the evidence sufficient that a reasonable jury could find defendant's explanation pretextual and infer discriminatory animus on the basis of pregnancy.
Orr v. City of Albuquerque
The 10th Circuit Court of Appeals’ jurisdiction includes Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.