(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/sex discrimination case and its proceedings.)
THERE WERE NO PLANS TO FIRE PLAINTIFF PRIOR TO HER DISCLOSING HER PREGNANCY
For Plaintiff’s entire employment, up to the time she disclosed she was pregnant, she was considered at least an average worker. Plaintiff started working for Whole Food in April of 2004. As detailed below, she disclosed her pregnancy in May of 2006. From the time of her hiring in April of 2004 through May of 2006, when she disclosed her pregnancy, she was considered at least an average employee. Further, an admitted fact is that there were no plans whatsoever to fire Plaintiff prior to her disclosing her pregnancy. No one told Mr. Davis they wanted Ms. Smith fired prior to disclosing her pregnancy. Her supervisors never recommended she be disciplined or fired prior to her disclosing her pregnancy. In fact, her supervisors testified they did not have any problems with her performance prior her disclosing her pregnancy.
Per company policy, most of Plaintiff’s discipline record was removed and she is not even on a final warning by the time she disclosed her pregnancy. Defendant has a drop off policy, where after a period of time any discipline drops off and no longer counts against the employee for discipline purposes. How the policy works is any verbal or written discipline drops off after one year. And a final drops to a 2nd corrective after six months and drops off totally after another year. Under that policy, the 7/1/04, 10/26/04, 11/15/04, and the 5/25/05 counseling had completely dropped off. Further, the 12/22/04 and 2/21/05 counseling were dropped down to corrective counseling. At the time that Plaintiff discloses her pregnancy, she is not on any final warning.
Further, all the attendance issues did not factor into the termination decision at all. (See Part 4 of 19.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.