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Jury to decide whether woman was fired for being pregnant

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The 7th Circuit Court of Appeals reversed summary judgment in favor of a company on a fired employee’s claim that her employment was terminated because she was pregnant, finding the company’s explanations for her firing were shifting, inconsistent, and/or facially implausible.

Jennifer Hitchcock worked as a client services supervisor for Angel Corps, a non-medical home care agency that performs personal care services for clients. After her supervisor learned Hitchcock was three months pregnant, the supervisor asked if Hitchcock would be “quitting.” She also increased Hitchcock’s workload to include tasks that were normally performed by someone else.

Several weeks later, Hitchcock went to a home of a new client to do an assessment. This appointment had to be rescheduled because Hitchcock was ill on the original date a few days earlier. Hitchcock got an uneasy feeling from the son regarding his 100-year-old mother and when she saw the woman, thought she may be sick or dead. Hitchcock left and told her supervisor, who then called adult protection services, who then instructed them to call emergency personnel. The woman had been dead for several days.

Angel Corps fired her nearly a month later. Reasons given for the termination included that she performed a full admission on an expired client, although she did this at the request of the supervisor; that Hitchcock compromised the health and safety of the client; and she performed a deficient assessment on the potential client, but there was no explanation how the assessment was deficient.  

Hitchcock sued alleging violation of Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. Magistrate Judge Roger B. Cosbey granted summary judgment to Angel Corps.

Judge Ann Claire Williams pointed to the four potentially different explanations given for Hitchcock’s firing and how their inconsistency or suspicion create a reasonable inference that they do not reflect the real reason for Hitchcock’s firing.

“Angel Corps’s brief attempts to make sense out of these disparate explanations, but it does so by piling on additional ever-evolving justifications that may cause a reasonable juror to wonder whether Angel Corps can ever get its story straight,” she wrote in Jennifer Hitchcock v. Angel Corps, Inc., 12-3515.

The judges also noted that Hitchcock’s supervisor gave her more work to perform after learning she was pregnant and asked if she was “quitting.” An affidavit from a former co-worker who was pregnant while at Angel Corps said that the supervisor suggested that employee get an abortion when learning she was pregnant.

“In sum, we find that the evidence provides a sufficient basis for a rational jury to conclude that Hitchcock was fired because she was pregnant. Naturally, Angel Corps disputes several of the critical factual assertions made by Hitchcock. We leave it to the jury to decide whom to believe,” Williams wrote.

 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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