1. ANALYSIS MEMO
Rita Booke has a claim against Tome Depot under the Family and Medical Leave Act of 1993 (FMLA) 29 C.F.R. pt. 825 (2010). Depending on the statute of limitations in New York, Ms. Booke may have a claim through the Pregnancy Discrimination Act (PDA) 29 C.F.R. § 1604.10 under Title VII of the Civil Rights Act of 1964 (Title VII) 42 U.S.C. 2000e.
Under the FMLA, an employee who has worked at a company for over a year is entitled to a twelve weeks of leave during any 12-month period due to a serious health condition that makes the employee unable to perform the functions of their position. 29 C.F.R. § 825.102(a)(1)(D). Serious health condition is defined as a physical condition that entails continuing treatment by a medical provider and includes “any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence”. 29 C.F.R. § 825.101(11)(B)(2). If requested by their employer, “the employee shall provide, in a timely manner, a copy of such certification to the employer.” 29 C.F.R. § 825.103(a). Certification considered sufficient includes, “the date on which the serious health condition commenced; the probable duration of the condition; and, the appropriate medical facts within the knowledge of the health care provider regarding the condition.” 29 C.F.R. § 825.103(b). Claims filed under the FMLA have a statute of limitations of two years.
To determine if a plaintiff has a prima facie case under Title VII, the plaintiff must be, “(1) a member of a protected group (pregnant women); (2) meet the qualifications for the position in question; (3) fired when her superiors learned of her pregnancy; and, (4) the job remained open after her termination.” The court also says that the contractual terms within a “hold harmless” clause, “do not constitute direct evidence of sexual discrimination based on pregnancy.” However, Title VII and its subpart, the PDA, have a statute of limitations...