Confidential
Bench Decision – $0Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
From Sept. 1997 to March 1998, plaintiff worked for employer defendants as a receptionist/data entry clerk. The
plaintiff alleged that her supervisor discriminated against her because of her pregnancy by not being supportive
when she announced her pregnancy, negatively commenting on her appearance, instructing her to do her work
and no longer showing her favoritism.
The plaintiff sued her individual supervisor and the corporate employers. The plaintiff alleged discriminatory
termination due to pregnancy in violation of FEHA, and emotional distress resulting from such termination.
The individual supervisor was dismissed following defendantÆs successful demurrer on the grounds that a
supervisory employee could not be sued personally for employment discrimination.
The corporate employers moved for summary judgment.
Settlement Discussions
Before filing this action, the plaintiff demanded $50,000. The defendants offered $5,000.
Damages
The plaintiff claimed $100,000, including her damages for lost earnings and emotional distress.
Result
The court found that defendants presented evidence that plaintiff was terminated because of poor work performance. The plaintiff failed to meet her burden of showing that defendantÆs stated reason for termination was false and pretextual. The court based its decision on plaintiffÆs admissions that she was criticized on several occasions for her job performance. The court further found that plaintiff failed to prove substantial evidence of a discriminatory animus in her termination. The court also found that the third cause of action for emotional distress was unsupported by the evidence and that plaintiff failed to prove that her termination was due to discrimination based on her pregnancy.
Other Information
The order granting summary judgment was entered 10 months after the case was filed.
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