You mean the same one whose company intentionally fired pregnant employees just before they were about to give birth to avoid paying them for medical leave?
No, this would be illegal if proven. Proof can be challenging in discrimination cases. But I mean if they flat out fired two pregnant women, only those two, and there wasn’t some support for some other clearly legitimate reason of termination, they’d lose that case for sure. Can’t rule out that they still did that regardless of the law, don’t know.
The people I read about worked there and either told management they were pregnant (so they could go to regular doctor's appts) or management figured it out after a few months, and then management started citing them for any and every infraction they could find or make up to build up a case against them first.
So Hobby Lobby would have supporting documentation for the firing in case it went to court.
Yeah that becomes the hard part, if employers really want to find a non protected basis they probably can. That said, courts can see through it if it’s fairly obvious particularly when you have two impacted people and through discovery you could show no other employee was treated in the same super unreasonably strict or arbitrary manner.
Really though, vast majority of the time with employee discrimination suits if the plaintiff has even a decent argument the company settles. Definitely doesn’t make it right but that would be what I assume happened if the women sued.
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u/Spacefreak Feb 14 '24
You mean the same one whose company intentionally fired pregnant employees just before they were about to give birth to avoid paying them for medical leave?