Worker Given Negative Performance Review & Fired Less Than A Month After Disclosing Her Pregnancy
Having represented pregnant employees for more than twenty years, our pregnancy discrimination lawyers in Citrus County, Florida know that employees are often targeted for termination after disclosing their pregnancy. When targeting pregnant employees for termination, our pregnancy discrimination lawyers in Inverness, Florida have learned, employers will dig into their bagful of pretextual justifications for getting rid of employees. For example, employers will subject pregnant employees to unwarranted disciplinary action, unjustified negative performance reviews, and baseless performance improvement plans. In some cases, employers will even solicit complaints against pregnant employees from co-workers or customers. Having manufactured pretextual cover for their desired decision, employers then terminate pregnant employees.
In this article, our pregnancy discrimination lawyers in Citrus County, Florida explain how the alleged facts in Mazzuchelli v. Immutable Pty., Ltd.,2024 WL 4817535 (S.D. N.Y. Nov. 18, 2024) are illustrative of the problems many workers endure after disclosing their pregnancy.
Pregnancy Discrimination Lawsuit
In that case, a woman named Mazzuchelli brought a pregnancy discrimination lawsuit against her former employer, Immutable Pty., Ltd. (“Immutable”), pursuant to the Pregnancy Discrimination Act (“PDA”). The PDA prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Pregnancy-related medical conditions include morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth. The PDA also mandates that employers treat women with pregnancy-related medical conditions the same as non-pregnant employees, whether male or female, who are similar in their ability or inability to work. Mazzuchelli asserts that she was fired on the basis of pregnancy in violation of the PDA.
Mazzuchelli alleges that, on April 5, 2023, she told her supervisor, Anderson, that she was pregnant and that the pregnancy was “high-risk.” Mazzuchelli claims that Anderson then questioned her as to whether she “could do this” job pregnant. Mazzuchelli contends that she responded in the affirmative. Anderson, according to Mazzuchelli, was skeptical of her capabilities due to Mazzuchelli’s job being “globally intense.” Mazzuchelli maintains that she stressed that she could do her job while pregnant. Nonetheless, Mazzuchelli alleges that Anderson still questioned whether she was “motivated to be in this role.” That same day, Anderson gave Mazzuchelli a negative performance review. Mazzuchelli maintains that she did not receive any other negative feedback during her tenure at Immutable.
Mazzuchelli alleges that, on April 21, 2023, she lodged a discrimination complaint with the Global Human Resources Business Partner, Knight. Mazzuchelli claims that she told Knight about the comments Anderson allegedly made and the negative review Anderson gave her after disclosing her pregnancy. Mazzuchelli contends that Knight acknowledged that Anderson, on previous occasions, behaved inappropriately.
Less than a month after disclosing her pregnancy status to Anderson and merely ten days after lodging a discrimination complaint, Mazzuchelli was fired. Mazzuchelli alleges that the Chief Commercial Officer and Chief People Officer did not provide her with a “substantive reason” for the termination. Instead, according to Mazzuchelli, they only stated that Mazzuchelli was an at-will employee and dismissal was the “best course of action.” Mazzuchelli maintains that during the termination conversation, the Chief People Officer referred to Mazzuchelli’ pregnancy as her “situation.”
Suspicious Timing Reflects Discriminatory Intent
Immutable filed a motion with the trial court seeking dismissal of Mazzuchelli’s pregnancy discrimination claim. The trial court denied Immutable’s motion for dismissal and ruled that Mazzuchelli had alleged sufficient facts to state a plausible claim of pregnancy discrimination.
In denying Immutable’s motion for dismissal, the trial court focused on the suspicious timing between Mazzuchelli’s disclosure of her pregnancy and Mazzuchelli’s termination. The trial court observed that Mazzuchelli was fired “less than a month after disclosing her pregnancy to Anderson.” “Courts have held,” the trial court explained, “that such close proximity between disclosure of a pregnancy and termination gives rise to an inference of discriminatory circumstances.” The trial court further pointed out that Mazzuchelli alleges that “Anderson made disparaging comments questioning whether [Mazzuchelli] could effectuate her responsibilities while pregnant and then that same day gave [Mazzuchelli] a negative performance review (the only time [Mazzuchelli] received such a review).” This evidence, the trial court reasoned, “further [shows] that the adverse action was undergirded by discriminatory intent.”
Free Consult For Discrimination Victims
One of the most crucial decisions pregnancy discrimination victims must make is which pregnancy discrimination lawyers to consult with regarding their employee rights and legal remedies under pregnancy discrimination law. As part of our commitment to fighting for the rights of pregnancy discrimination victims, an experienced pregnancy discrimination lawyer will speak with you personally and you will receive the individualized attention your case deserves. We offer free confidential case evaluations for employees, and you will not have to pay to speak with our pregnancy discrimination attorneys regarding your rights. We are available for consultation at your convenience, including scheduling telephone consultations for evenings and weekends.
Citrus County, FL Discrimination Lawyers
Based in Ocala, Florida and representing workers throughout Florida, our pregnancy discrimination lawyers in Citrus County, Florida have fought for the rights of pregnancy discrimination victims for more than two decades. If you have experienced pregnancy discrimination or have questions about your protection from pregnancy discrimination, please contact our office for a free consultation with our pregnancy discrimination lawyers in Citrus County, Florida. Our employee rights law firm takes pregnancy discrimination cases on a contingency fee basis. This means that there are no attorney’s fees incurred unless there is a recovery. and our attorney’s fees come solely from the monetary award that you recover.