A former Five Below buyer's pregnancy discrimination and retaliation suit is moving forward for claims she was fired because of her upcoming maternity leave, a federal judge ruled this week.
In a Thursday opinion, U.S. District Judge Kelley B. Hodge of the Eastern District of Pennsylvania denied the specialty discount store's summary judgment motion, sustaining Jessica Brennan's employment discrimination and retaliation suit. Brennan filed suit claiming she was discriminated against and retaliated against when she was the only one from her department who was terminated—two weeks before her maternity leave. Five Below moved for summary judgment, arguing that Brennan was terminated as part of a reorganization in response to the COVID-19 pandemic and because she was the poorest-performing buyer on her team, the opinion said.
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