Boat Captain Wins Pregnancy Discrimination Case
Being pregnant is tough enough, getting fired while pregnant or during maternity leave makes it tougher. But Zibute Scherl, a boat captain who was fired while pregnant, refused to abandon ship. She sued her employer for pregnancy discrimination and won $85,000 in emotional distress, repayment of all lost wages and her employer was fined an additional $25,000. The decision was issued on July 15, 2009.
Zibute Scherl was a Second Captain on a yacht. After she became pregnant, her boss expressed disappointment that she was pregnant, had concerns about "mothers working in the boating business," and worried about potential liablity. He fired Ms. Scherl soon after she announced her pregnancy.
The Company argued that Ms. Scherl's pregnancy was not a factor in her termination. Instead the Company claimed that she was simply part of a company wide reduction in force. But the Court did not believe this argument because when the company was in need of new employees, it did not ask Ms. Scherl to return and instead hired other less experienced people.
This is a great result for pregnant employees. At our firm, we find that a lot of pregnant woman are caught up in reductions in force. The companies always argue that pregnancy was not a factor and often are unwilling to settle. But this case shows that a close look at the facts can get past the "reduction in force" defense. Click here to see a short video of a typical pregnancy discrimination case.
