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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Disparate impact claim fails under the Pregnancy Discrimination Act.

Stout v. Baxter Healthcare Corp., 282 F.3d 856 (5th Cir. February 19, 2002) - Baxter has policy of terminating probationary employees who are absent for more than three days regardless of the reason. Wilma Stout was terminated after she suffered a miscarriage and missed more than three days. Stout's disparate treatment claim fails because there is no evidence that pregnant employees are treated differently from non-pregnant employees. Stout's disparate impact claim fails because she cannot make out a prima facie case simply by showing that Baxter's policy affects all or substantially all pregnant women who would give birth during or near to their probationary period. Stout provides no evidence that this policy impacts her class of persons more harshly than other classes of persons. Compare this case with: Garcia v. Woman's Hosp. of Texas, 97 F.3d 810 (5th Cir. October 22, 1996). Click here to see actual case.