In July of 2012, the United States District Court for the Western District of Kentucky heard a case involving pregnancy discrimination in Louisville. (See Sanders v. Frauenshuh Hospitality Group of KY/IN, LLC, 2012 WL 3060934 (W.D. Ky. 2012)). Before the court was defendant’s motion to dismiss the plaintiff’s amended Complaint for failure to state a claim up which relief may be granted and plaintiff’s motion to file a second amended complaint. In this Louisville pregnancy discrimination case, the plaintiff alleged that the defendant fired her for being pregnant and violated her FMLA rights.
Plaintiff was hired by Dairy Queen in May of 2006 up until March of 2011. She had an expected delivery date of April 5, 2011. Id. The restaurant where she worked, Dairy Queen, was acquired by another company in March of 2011. The current defendant in this Louisville pregnancy discrimination case. Plaintiff alleges that she was given FMLA under her prior employer and this new one should honor the prior FMLA in that the new company was basically the same as the old one. Also, plaintiff did file a complaint that clearly explained her discrimination on the basis of pregnancy. The restaurant, though with new ownership, continued to operate it as a Dairy Queen.
Plaintiff’s allegations give the defendant ‘fair notice’ that she alleging pregnancy discrimination by her Louisville pregnancy discrimination lawyer. The material elements for pregnancy discrimination are 1, plaintiff pregnant, 2, plaintiff qualified for her job, 3, plaintiff subjected to adverse employment decision, 4, nexus between pregnancy and adverse employment decision. (cites omitted).
The plaintiff’s second amended complaint was allowed and considered filed by the court. The motion by the defendant to dismiss the Louisville pregnancy discrimination case was denied.
If you have been the subject of a Louisville pregnancy discrimination matter, please call and speak to a Louisville pregnancy discrimination lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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