May 22, 2017

May 22, 2017

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May 19, 2017

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Dentist’s Remarks To Pregnant Employee Propel Her Case Forward

In Sims v. America’s Family Dental, LLP, Defendant’s motion to dismiss Plaintiff’s claims under Title VII and the Pregnancy Discrimination Act was denied by a federal district court. 

Plaintiff, a registered dental assistant, alleged that she was demoted and subsequently terminated due to her pregnancy.  Defendant’s motion was denied, in part, because Plaintiff alleged that the owner made repeated offensive statements to her and other staff related to her pregnancy including constantly telling her that she would be fired because she is pregnant and informing the staff that he would fire the next woman who announces she is pregnant. These comments – if believed by a jury – could amount to direct evidence that Plaintiff’s pregnancy was a factor in her termination. The Court distinguished these comments from mere “stray remarks” because they were clearly related to Plaintiff’s pregnancy, were made by the owner who has the authority to fire Plaintiff, and specifically reference her termination – the challenged adverse employment action.   To avoid risk, training managers to prevent such remarks is critical.

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About this Author

Associate

Mordy Yankovich is an Associate in the Long Island, New York, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters, including preventive advice and counsel.

Prior to joining Jackson Lewis, Mr. Yankovich was an Associate at a Long Island based law firm where he represented both employers and employees in litigation before federal courts, state courts, and administrative agencies.

During law school, Mr. Yankovich was an Articles Editor of the Hofstra Labor and Employment Law...

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