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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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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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