Employer Not Entitled To Summary Judgment On Terminated Employee's Pregnancy Discrimination Claim
In this case, the United States District Court held that an employer was not entitled to summary judgment on a terminated employee's pregnancy discrimination claim.
The plaintiff failed to sufficiently identify any employees who were both similarly situated and treated more favorably than she and thus failed to carry her prima facie burden under that traditional formulation. However, despite the absence of comparator evidence there was otherwise sufficient circumstantial evidence of discriminatory intent to establish a prima facie case. This included comments by her second-level supervisor that he did not want and could not afford to "take care of" her any more, and the fact she was hired as a probationary employee despite numerous absences.
The employer's articulated reason
for her termination, excessive absenteeism, tardiness and other attendance
problems in violation of the absence policy for probationary employees, was
legitimate and nondiscriminatory. A genuine issue of material fact existed as to
whether that reason was a pretext for pregnancy discrimination.
Hunter v. Mobis Alabama, LLC