Gordon Rees Scully Mansukhani Partner Christopher Hawk and Senior Counsel Diane Lenkowsky obtained a complete dismissal, with prejudice, after filing a motion for summary judgment in a pregnancy discrimination and wrongful termination claim in King County, Washington.
The plaintiff was a former employee whose position was eliminated for budgetary reasons. Her employer had early discussions with plaintiff about creating a new position to retain her, which would have required her to work in-person. The plaintiff refused to work in-person because of her pregnancy. She filed suit asserting that her employer would have created a new position for her if it were not for her pregnancy. In granting the motion in its entirety, the Court agreed with defendant that this argument was too speculative and confirmed that an employer is not required to create a new position to accommodate an employee’s disability.