ILNews

Wal-Mart did not discriminate against pregnant employee, 7th Circuit rules

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals held that a woman failed to prove her claims of discrimination, retaliation and other complaints against her former employer.

Svetlana Arizanovska worked for Wal-Mart as a part-time stocker on the overnight shift. The job requires the ability to lift 50 pounds. In November 2008, she learned she was pregnant. She experienced bleeding during her pregnancy, and her doctor told her she could not lift more than 20 pounds. She was reassigned to work in the baby food and toothbrush aisles. On Jan. 27, 2009, Arizanovska learned she had miscarried.

In May 2009, Arizanovska learned she was pregnant again and told Wal-Mart that due to medical restrictions, she could not lift more than 10 pounds. She asked to be transferred to a position where she could fold clothes, but no position like that exists – employees who fold clothes also participate in stocking. The human resources and personnel manager agreed that Arizanovska should take a leave of absence. The company’s Accommodation in Employment Policy states that employees may be entitled to a leave of absence if they have a medical condition – including pregnancy – that is not a disability. The policy also states that an “environmental adjustment” in the workplace may be granted, but that “does not include creating a job, light duty or temporary alternative duty, or reassignment.”

On May 20, Arizanovska said she did not want to take a leave of absence and requested a light-duty job. She did not return to work after May 20 and miscarried about a month later. She filed suit against Wal-Mart shortly thereafter.

In Svetlana Arizanovska v. Wal-Mart Stores, Incorporated, No. 11-3387, Arizanovska claimed Wal-Mart had violated her rights under Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act. She complained that Wal-Mart failed to accommodate her under its Accommodation in Employment Policy because of her pregnancy and/or national origin. She also claimed that Wal-Mart retaliated against her for filing a charge of discrimination with the Equal Employment Opportunity Commission. Finally, Arizanovska brought several state-law claims against Wal-Mart – intentional and negligent infliction of emotional distress, negligent supervision, and liability for its employees’ actions under the theory of respondent superior. The District Court granted summary judgment against Arizanovska on all her federal and state-law claims.

To support both her pregnancy and national origin discrimination claims, Arizanovska contends that two pregnant, African-American employees were treated more favorably and were allowed to work in aisles with less heavy items. But the 7th Circuit held the evidence contradicts that – neither woman had medical restrictions, and neither was assigned to light-duty work.

Arizanovska claimed that after filing a discrimination complaint against Wal-Mart following her first miscarriage, the company retaliated by placing her on unpaid leave. But the appellate panel found no evidence that the suggestion to take a leave of absence was retaliatory. It also affirmed the District Court’s grant of summary judgment against Arizanovska on her state law claims.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Do you know who the sponsor of the last-minute amendment was?

  2. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  3. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  4. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  5. Don't we have bigger issues to concern ourselves with?

ADVERTISEMENT