Jessica Krause, Plaintiff, v Lancer & Loader Group, LLC, et al., Defendants., 40 Misc. 3d 385

Summary

A motion to dismiss plaintiff's discrimination claim based on pregnancy under the New York State Human Rights Law, Executive Law § 290 et seq., was denied. Plaintiff alleged that she was in a protected class due to her pregnancy immediately prior to her discharge, that she was recruited by defendant one to work for defendant two based on his prior knowledge of plaintiff's ability to procure sales, and thus, that she was qualified for her position. Given that plaintiff was discharged shortly after advising her supervisor of her pregnancy, she sufficiently raised an inference of discrimination.