After a pregnant pause, employees must still be able do the job

No appellate court had ever before set forth the elements of a pregnancy discrimination claim. To show either pregnancy discrimination or disability discrimination, an employee still has to show that an accommodation would allow her to perform her essential job duties.

Facts

La Casa de Las Madres is a nonprofit organization that provides services to women and children who are victims of domestic violence. Gabriella Lopez worked for La Casa at various times between 2002 and 2017. In 2014, she accepted the position of shelter manager at La Casa’s residential shelter for domestic violence victims. Her duties included supervising approximately 10 of La Casa’s 32 employees.

The shelter manager and her subordinates interact directly with the domestic violence victims who come to the shelter for help. When Lopez held this position, she was expected to work 30 hours a week at the shelter, plus 10 hours on administrative tasks, and to always be on call. She was also responsible for covering shifts when a subordinate was absent, whether by arranging for another employee to fill in or covering the shift herself.

The shelter manager handles emergency situations and is responsible for delivering “domestic-violence services 24/7.” The location of the shelter is confidential because the residents are in danger and escaping violent personal relationships. The residents themselves can also be dangerous. For example, some victims experience “murder/suicidal ideations,” and some bring firearms to the shelter. La Casa confirmed the stressful nature of working at the shelter.