A federal court has said it will soon decide a case that may makeillegal in North Carolina. At issue is whether North Carolina employers are liable for wrongful discharge if they fire a pregnant woman from her at-will job.
Recent case: Daria, a Wake Forest University employee, got great reviews until she announced her pregnancy. Within days, her supervisor began criticizing her work, and soon she was fired.
She sued, alleging she had been wrongfully fired in violation of public policy.
Wake Forest tried to get the case dismissed, arguing Daria was an at-will employee who could be fired for any legal reason. It claimed that, because no North Carolina law prohibits discrimination against pregnant women, it was within its rights to fire an at-will employee.
The federal court hearing the case said it will ponder whether North Carolina law protects pregnant women from discrimination.
At the heart of the case is this question: Did a federal law protecting women from pregnancy discrimination that was enacted a year after North Carolina banned sex discrimination (but not pregnancy discrimination) have the effect of changing North Carolina law? (Leonard v. Wake Forest University, No. 1:11-CV-307, MD NC, 2012)
Note: Suing under state law offers employees the possibility of a much bigger payday. Federal law caps damage awards. But if an employee wins a wrongful-termination-in-violation-of-public-policy case under state law, the potential payout is unlimited.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/32360/federal-court-to-decide-does-firing-a-pregnant-employee-violate-public-policy-in-nc "
- Minorities disproportionately affected? Expect lawsuit
- Setting a 'no restrictions' policy could open you to ADA lawsuits
- Poor performance--properly documented--warrants termination
- Can porn surfing be a 'disability'? Lessons from the IBM case
- OK to cut position of worker on FMLA leave--if you can prove FMLA status didn't affect decision