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ARTICLE · 01 MARCH 2023

This Employee Apparently Doesn't Understand How Pregnancy Discrimination Works

I won't bury the lede. Here's the takeaway from this post. If an employer doesn't know that an employee is pregnant, it can't possibly discriminate against her because she is pregnant.

United StatesEmployment and HR

I won't bury the lede. Here's the takeaway from this post. If an employer doesn't know that an employee is pregnant, it can't possibly discriminate against her because she is pregnant.

That's pretty much what happened in this 11th Circuit decision that I read last night.

Here are the pertinent facts:

  • In July 2017, the plaintiff learned that she was pregnant.
  • On October 3, management was looking to replace the plaintiff.
  • On October 5, the defendant hired the plaintiff's replacement.
  • The defendant planned to meet with the plaintiff on October 18 to inform her she would be terminated.
  • Between October 5 and October 18, the plaintiff told the defendant that she was pregnant.

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