Pregnancy Bias Suit Lands Close to Home

The attorneys allege that Garcia's employment was going fine until April 2012, when Garcia told Baxter-Simons she was pregnant and would need a 12-week leave of absence later in the fall. Baxter-Simons felt that was too much, and the relationship turned negative, with her husband, hedge fund principal Nathaniel Simons, having to intervene in a dispute over Garcia's wish to revise her weekly schedule, the attorneys allege.

Elan Household, the limited liability corporation formed by Simons that employs the family's domestic help, then terminated Garcia in August, the suit alleges.

The suit comes a month after Justice Baxter and his colleagues heard arguments in Harris v. City of Santa Monica, a closely watched case that stems from a bus driver's pregnancy discrimination claim. The case is expected to decide the viability of the so-called mixed-motive defense under California's Fair Employment and Housing Act ' a defense that could hypothetically be in play if the Garcia case proceeds.

Scott Graham is a reporter for The Recorder, an ALM sister publication of this newsletter in which this article also appeared.

Two California employment attorneys are bringing a pregnancy discrimination suit against a San Francisco area lawyer who also happens to be the daughter of a California Supreme Court justice. The very California Supreme Court justice who is expected to rule in the next couple of months in a major pregnancy discrimination case.

The Suit

Ingrid Evans and Kelly Armstrong allege in a suit filed last month in Alameda County Superior Court that Laura Baxter-Simons fired their client, Madalyn Garcia, from a Berkeley, CA, housekeeping position because of a dispute over Garcia's pregnancy disability leave. Baxter-Simons is the daughter of Supreme Court Justice Marvin Baxter.

The attorneys allege that Garcia's employment was going fine until April 2012, when Garcia told Baxter-Simons she was pregnant and would need a 12-week leave of absence later in the fall. Baxter-Simons felt that was too much, and the relationship turned negative, with her husband, hedge fund principal Nathaniel Simons, having to intervene in a dispute over Garcia's wish to revise her weekly schedule, the attorneys allege.

Elan Household, the limited liability corporation formed by Simons that employs the family's domestic help, then terminated Garcia in August, the suit alleges.

The suit comes a month after Justice Baxter and his colleagues heard arguments in Harris v. City of Santa Monica, a closely watched case that stems from a bus driver's pregnancy discrimination claim. The case is expected to decide the viability of the so-called mixed-motive defense under California's Fair Employment and Housing Act ' a defense that could hypothetically be in play if the Garcia case proceeds.

Scott Graham is a reporter for The Recorder, an ALM sister publication of this newsletter in which this article also appeared.