JACQUELYN TODARO and MARIA H. MOSCARELLI, Plaintiffs, - against - SIEGEL FENCHEL & PEDDY, P.C., WILLIAM D. SIEGEL, SAUL R. FENCHEL, TRACIE P. PEDDY, and ANDREW G. CANGEMI, Defendants., 2009 U.S. Dist. LEXIS 90116

Summary

The employer first argued that the jury erred in finding for the first employee on her Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., claim because: (1) they had a legitimate non-discriminating reason for terminating her; and (2) the first employee failed to introduce evidence to show that that purported reason was a pretext. The court found that the first employee countered the employer's argument that they terminated the employee because she almost missed the filing deadline on tax certiorari petitions two years in a row by introducing evidence that could have led a rational jury to believe that the employer's purported reason was pretext. Moreover, the employer's argument that the first employee's pregnancy discrimination claim failed as a matter of law because the first employee was no longer pregnant when they terminated her was without merit because the employer could not avoid liability for pregnancy discrimination by waiting until after the pregnancy ...