The employer had a policy that no extended leave would be granted for any reason during an employee's first year of employment. Four days after Shaw gave birth, the employer told her it would not be possible to hold open her job. Later, the employer refused to reinstate Shaw. Although state administrative rules clearly require an employer to grant reasonable leave time for pregnancy and childbirth, the employer denied Shaw any time off for the birth of her child. The BFOQ defense cannot apply here because the employer was unable to show that its decision to discharge and its later refusal to reinstate were related to Shaw's ability to fulfill the duties of the job.
Information here is correct at the time it is posted.
Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first. All rights reserved. Read our Privacy Policy.