Alena Fassbender was a medication aide at Correct Care Solutions, a company that provides healthcare for prison inmates. Shortly after Fassbender revealed she was pregnant, she was fired.

When Fassbender sued for pregnancy discrimination, the company claimed she was fired for violating its “no fraternization” policy. Fassbender had received a romantic note from an inmate and hadn’t reported it immediately.

But testimony from Fassbender and other employees suggested otherwise. Several workers were also pregnant, and when Fassbender initially told her manager about her pregnancy, the manager said, “What, you’re pregnant too?”

A few days later, another employee overheard the manager say, “I don’t know how I’m going to be able to handle all these people being pregnant at once and I have too many pregnant workers. I don’t know what I’m going to do with all of them.”

 Resolution

A circuit court sent the case to trial, finding the company’s actions “sufficiently suspicious.” Its reasoning for firing Fassbender kept changing, and the manager who made the comments about the pregnant workers had been reprimanded by the company.

A few months after Fassbender had been fired, Correct Care Solutions hired a new employee who also was pregnant, which caused the court to question its motivations.

The company is now facing a long legal battle or a costly settlement.

 Call Alternative HRD! 

This lawsuit proves once again that one offhand comment by a manager can be enough to result in a costly legal battle.

It is a great reminder that managers can have the ability to make or break a case: the right response may prevent a lawsuit, and the wrong one can cost a company big. Proper anti-discrimination training can help managers avoid missteps like this.

Give Alternative HRD a call today at 605.335.8198! We can provide the necessary anti-discrimination training for your leaders to avoid your business being caught up in a costly lawsuit!

To learn more about our supervision and leadership development curriculum, click here!

·    Phase 1: Respect at Work: Leader's Edition

·    Phase 2: Respect at Work: Team Edition

·    Phase 3: Respect at Work: Strategic Challenge

For details, give us a call today at 605.335.8198!