EGG RETRIEVAL IS NOT PROTECTED UNDER CALIFORNIA’S FEHA OR UNDER PDL LAWS
In Paleny v. Fireplace Products U.S., a female employee who was terminated while undergoing egg retrieval and freezing procedures, filed a lawsuit for wrongful termination. In October 2018, Erika Paleny informed her manager that she would undergo egg retrieval procedures for both donation and potential future use. Paleny’s manager allegedly disapproved of these procedures. In February 2019, after Plaintiff informed her manager that she needed more time off for another medical appointment, Paleny was terminated.
Paleny filed a lawsuit against Fireplace Products, asserting ten causes of action under the Fair Employment and Housing Act (FEHA), including harassment, discrimination, and retaliation based on sex (pregnancy), disability discrimination, failure to accommodate, and wrongful termination in violation of public policy. She argued that her egg retrieval procedures should be considered a pregnancy-related medical condition protected by the FEHA.
The FEHA prohibits discrimination based on pregnancy or medical conditions related to pregnancy. However, the court determined that the elective egg retrieval procedure, without an underlying medical condition or current pregnancy, did not fall under these protections. The Court also ruled that the employee was not pregnant at time of discharge and, thus, was not “disabled by pregnancy,” precluding liability under Pregnancy Disability Leave Law (PDLL).
At the Law Office of Eric A. Boyajian, we regularly litigate pregnancy discrimination and harassment cases. If you have been subjected to harassment or discrimination due to your pregnancy, give us a call for a free evaluation.