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DEFENDANT’S Civil Rights – Family Medical Leave Act – The pregnant female is terminated by defendant for being unable to fly during her pregnancy – Violating various civil rights of the plaintiff – Wrongful termination.

Erie County, NY

In this wrongful termination action, the plaintiff maintained that the defendant violated the plaintiff’s rights when they terminated her for being unable to fly during her pregnancy. The defendants argued that the need to fly was due to a department reorganization that required employees to be located in the defendant’s Buffalo office.

In January of ________, the female plaintiff was employed by M&T in Buffalo, New York as a Quality Control Team Lead. In March of ________, she had decided to resign her position with M&T to relocate to California where her husband had obtained a job. Sheng claims that her supervisor convinced her not to resign, but instead, an alternative work arrangement was agreed to so that Sheng could continue to work remotely from California. In May of ________, she advised M&T that she was pregnant. According to the plaintiff, on June 28, ________ she was advised that M&T had modified its AWA policy, and that she would be required to be physically present in Buffalo at least two days per week. Sheng provided M&T with a letter from her obstetrician stating that she was not to fly during the remainder of her pregnancy. Initially, M&T refused to make any accommodation, and by letter dated September 11, ________, M&T revoked her authorization to work remotely from California notified her that she would be terminated effective October 12, ________. The plaintiff then filed suit against the defendants, alleging that M&T violated her rights under the Family and Medical Leave Act, American with Disabilities Act, and California’s Fair employment and Housing Act. The defendants denied violating the plaintiff’s right and argued that the plaintiff’s department underwent a large reorganization in ________, necessitating the need to have employees work in the Buffalo office. The defendants also argued that they made an offer of reinstatement to the plaintiff on the effective termination date of October 12, ________ not conditioned upon any release or waiver signed by the plaintiff. The plaintiff declined to accept the offer.The jury found that the defendant did not violate the plaintiff’s rights.

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