July 20, 2010

Pregnancy Discrimination and Retaliation in Louisville, Kentucky.

In April of 2010, the United States District Court for the Western District of Kentucky heard a case involving a woman and her pregnancy discrimination and Retaliation claims. (See Thompson v. Next Tek Finishing, LLC, 2010 WL 1744621 (W.D.Ky.)). The pregnant Plaintiff alleged that she was terminated after she told her boss that she was pregnant. Plaintiff initially filed in state court but it was then removed up to federal court. Id.

Plaintiff in her Louisville pregnancy discrimination case alleged pregnancy discrimination in violation of the Kentucky Civil Rights Act. Id. “To successfully plead the cause of action, a plaintiff must allege four elements: 1) that she is a member of a protected class (i.e. that she was pregnant), 2) that she suffered an adverse employment action, 3) that she is qualified for the position, and 4) that a similarly situated employee outside her protected classification was not subject to the adverse action.” (cites omitted). Id. Defendant argued that the complaint did not allege that anyone outside the plaintiff’s protected class was treated any better than she was. Id. To this argument the Court did not agree.

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October 1, 2009

Kentucky Pregnancy Discrimination Information

The U.S. Equal Employment Opportunity Commission (EEOC) states that pregnancy discrimination filings are at an all time high. In 2007, the number of pregnancy discrimination filings were up 14 percent to 5,587. Also, the EEOC’s call center received over 20,000 calls regarding pregnancy discrimination; an all time high.

One activist group, MomsRising.org (http://www.momsrising.org/) is making it its mission to do anything and everything to help mothers in the work place. It has about 130,000 members. This website has a lot of helpful information for pregnant mothers and mothers with young children.

Recently in Kentucky, a woman was working at a Motel 6 since 1998 in housekeeping and laundry. She worked her way up and in 2005 was a general manager of a Motel 6. In that year, she became pregnant and notified her manager. And just 2 days later, she was fired. A co-worker overheard the manager say to others that she was being fired because she would not be able to do her job while pregnant.

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