Citing Derogatory Comments About Pregnancy, Court Allows Discrimination and Retaliation Claims to Continue

In Magdo v. Fidessa Corp., a New York state trial court recently held that plaintiff presented enough evidence to survive summary judgment on her gender/pregnancy discrimination and retaliation claims under the New York City Human Rights Law.

Plaintiff claimed that after she told her supervisor about her pregnancy, he made derogatory comments to her, including statements that

  • “it would be difficult to work with a baby”,
  • it was “really hard” for a male product manager who had two children,
  • “Oh God, it’s starting already” in response to plaintiff saying that she would be late to work for her first trimester screening,
  • “Oh, what are you going to do, go and have another baby if we decide to pursue” an opportunity in which plaintiff expressed interest, and
  • “I knew you would say that” after plaintiff inquired about extending her maternity leave.

Plaintiff eventually resigned.

The court concluded that “the statements and conduct of Mr. Kelley, as well as the work environment that Plaintiff experienced before and after her pregnancy, were equivocal” and that “[b]eing susceptible to different interpretations, the issues of fact are properly decided by a jury.”

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