Supervisor’s remarks may show link between employee’s pregnancy and layoff

A federal appeals court revived a pregnancy discrimination claim, holding that a supervisor’s statements could show a connection between an employee’s pregnancy and the termination of her employment.

Pregnant hospital employee laid off

Jackilyn Bunnell, an ultrasonographer at a Michigan hospital, informed her supervisor that she was pregnant. At first, her supervisor was supportive, assuring her that formal accommodation discussions were unnecessary and that the hospital would support her.

Bunnell then requested temporary reassignment to avoid exposure to X-rays and infectious patients. Quickly thereafter, her supervisor asked her to be “flexible” and allegedly expressed disappointment that she had obtained a doctor’s note to stay out of rooms with infectious patients. She claimed her supervisor told her she was “putting a strain on the department.”

During COVID-19-related reductions in staff, Bunnell’s supervisor was tasked with selecting four employees for layoff based on business need. She was given a list of potential candidates for layoffs, including Bunnell, and developed review criteria that included years of service, hours worked, and the number and types of echocardiograms performed. Bunnell and another pregnant employee ranked lowest and were laid off.