Jury May Find Pregnancy Discrimination Where Employer Refused To Assign Work To Avoid Injury To Pregnant Worker
Pregnancy discrimination can arise from an employer’s effort to “protect” a pregnant worker from harm, just as it can from other adverse actions. In Cameron v. NYC Dept. of Educ., 15-cv-9900 (S.D.N.Y), it was alleged that plaintiff no longer received teaching assignments after her pregnancy became visible and known. According to plaintiff, the principal told her she was not contacted for substitute work because the school wanted to avoid liability in the event she became injured. Plaintiff alleged, among other things, that the school engaged in pregnancy discrimination in violation of Title VII and the New York City Human Rights Law. The defendants denied the allegations. In denying the employer’s motion for summary judgment the Court found that a jury reasonably could conclude that plaintiff had been discriminated against because of the direct evidence of discrimination that she presented.