Favorable Settlement in Pregnancy Discrimination Class Action for Edgeworth’s Client

A nationwide retailer was charged with discriminating against pregnant employees by requiring them to take unpaid leave during pregnancy instead of providing sufficient accommodations. Dr. Deborah Foster and her team analyzed data regarding pregnancy-related leaves of absence and requests for accommodation to address the claims. In her expert report, Dr. Foster showed that it is not possible to identify if employees suffered a denied accommodation and therefore took a leave of absence during pregnancy based on the available data. Her comparison of the start of leave and delivery dates demonstrated that the vast majority of women worked until very close to delivery. After exchange of supplemental reports and depositions of experts, the case settled.


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