By Peyton S. Irby, Jr., JD
A recent case from the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—involved multiple claims by a pregnant employee.
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Autumn Brown was employed by Liberty Mutual as a sales representative. She was eventually promoted to lead sales representative, which meant she had the assistance of a sales associate. To have a sales associate, a Liberty Mutual representative must meet certain sales goals.
A few weeks after her promotion, Brown notified her supervisor, Lynn Peters, that she was pregnant. Peters responded that she had never had a pregnant person in her office before and it would be a new experience for her.
Shortly after Brown’s announcement, Peters questioned her sales performance and informed her that she was in danger of losing the sales associate’s assistance. After Brown missed work because of a pregnancy-related health issue, Peters suggested that she take leave under the Family and Medical Leave Act (FMLA), but Brown declined.