On Thursday, August 10, 2017, a three-judge appellate panel of the Second Circuit vacated the lower court’s dismissal of a pregnancy discrimination complaint filed by Wigdor LLP on behalf of Alana Shultz against America’s first Jewish congregation, Shearith Israel. The lower court held that no adverse employment action took place on the grounds that Ms. Shultz’s employment had not been terminated because it was rescinded prior to her final day of work. The appeals panel, however, held that her Title VII cause of action accrued when she received her termination notice even if it was rescinded before taking effect.
The complaint alleges that Ms. Shultz, who served as the congregation’s Program Director for 11 years, was terminated within days of her supervisors learning of her pregnancy. According to the suit, the congregation reinstated Ms. Shultz’s position only after learning that she had retained legal counsel pursuant to her claims of discriminatory termination.
Ms. Shultz is represented by Wigdor LLP Partner Jeanne M. Christensen and Associates Bryan L. Arbeit and Elizabeth J. Chen. Jeanne Christensen said of the lawsuit’s revival:
“No female employee should have to fear termination because she becomes pregnant. We look forward to moving ahead to discovery and holding Shearith Israel accountable for the gross injustice committed against our client.”