In December 2008, an account representative took a leave of absence to have a baby. Her employer
Question:
In December 2008, an account representative took a leave of absence to have a baby. Her employer had no maternity leave policy. Shortly after giving birth, the woman told a partner at the firm that she would return to work as soon as her doctor released her. However, she suffered complications and ended up staying home through mid-February 2009. During her absence, the woman stayed in regular contact with her supervisor and other managers. During one conversation, she told her supervisor that she as breastfeeding her child and asked him to ask one of the partners whether she would be allowed to use a breast pump at work. The supervisor reported that the partner “responded with a strong “NO. Maybe she needs to stay home longer.” On February 17, 2009, the woman called the same partner and told him that her doctor had released her to return to work. She again mentioned that she was lactating and asked whether she could use a back room to pump milk. There was a long pause in the conversation. When the partner finally spoke, he told her that the firm had filled her spot. On February 20, the employer mailed a termination letter to the woman, stating that she had been discharged because of job abandonment, effective February 13. Is this pregnancy discrimination? Why or why not?
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