Affirming summary judgment for an employer, a California appellate panel said an employee could not advance claims of harassment, discrimination and retaliation based on her egg retrieval procedures.
Erika Paleny informed her supervisor at Fireplace Products (Fireplace) in late 2018 that she would be undergoing oocyte (egg) retrieval procedures to both donate and freeze eggs for herself for potential use in the future.
According to Paleny, her supervisor disapproved of the procedures and then harassed her for needing time off to attend related appointments. Paleny claims that she was fired after requesting additional time off related to her egg-retrieval.
Paleny then filed suit against Fireplace and her supervisor with a host of claims, including violations of the Fair Employment and Housing Act (FEHA) and California’s Pregnancy Disability Leave Law.
The defendants moved for summary judgment, arguing that Paleny was not a member of a FEHA-protected class because she was not pregnant or attempting to get pregnant, nor was she disabled, during her employment.
When the trial court granted the motion, Paleny appealed. She took the position that freezing her eggs for potential future use qualified as a pregnancy “related medical condition.” The appellate panel disagreed, affirming summary judgment for the defendants.
Beginning with the Pregnancy Disability Leave Law (PDLL), the court explained that the undisputed facts that Paleny was not pregnant and had not identified a...
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