Sacramento-Area Store Told Pregnant Employee To Quit, Part 13 of 19

(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.)

ii. The negative comments about Plaintiff’s pregnancy, accommodation requests and complaints of harassment show pretext:

Statements by a decision maker, which shed light on the employer’s true motivation, demonstrate evidence that the termination was pretextual. Reeves v. Sanderson Plumbing Products, Inc., (2000) 530 U.S. 133, 148. Pretext can be inferred when decision makers make statements that show discriminatory animus. Cook v. Arrowsmith Shelburne. Inc., (2nd Cir. 1995) 69 F.3d 1235, 1238. Here, both Mr. Davis and Mr. Chan constantly told Plaintiff to quit or go on disability in response to her pregnancy and accommodation requests. Second, the other comments that were made (i.e., We don’t give a shit about your claims of harassment; pregnant women have hormones and attitudes and you should quit or go on disability; can’t ask for help to lift things, etc…) were made by Mr. Davis and Mr. Chan as well right before she was fired. Third, when Plaintiff asked to go to the doctor she was suspended from going back to work.

iii. The termination reasons are false which establishes pretext as well
One of the ways to establish pretext is to show that the reasons given for the termination are not true. University of So. Calif. v. Sup. Ct., 222 Cal.App.3d at 1036. When a record contains evidence demonstrating not only that the legitimate, non-discriminatory reason for the adverse employment decision is false the grant of an employer’s motion for summary judgment is inappropriate. King v. Preferred Technical Group, (1999) 166 F.3d 887, 894. Here, the reason articulated is totally false.

Plaintiff was never insubordinate, abusive or rude. Plaintiff never yelled or cursed. To the contrary she was professional at all times. Also, Plaintiff did provide the necessary paperwork for her leave and also called about when she could return to work. (See Part 14 of 19.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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