Below is a sample of cases mediated by Steve Pearl:
Action alleging that restaurant employer forced pregnant employee to work shifts of up to 13 hours, failed to provide meal and rest periods, failed to accommodate the plaintiff’s request for shorter shifts due to pregnancy-related health concerns, and terminated the plaintiff when she complained about long shifts and failure to accommodate. The employer admitted that an assistant manager did let the plaintiff go, but alleged that its general counsel called the plaintiff the next day and made an unconditional offer of reinstatement, with shorter hours, and offered to allow her to work at any of the employer’s locations if she did not wish to return to her previous location. Employer alleged that the plaintiff at first accepted the offer of reinstatement, but did not return to work or respond to subsequent communications. Resolved at mediation.
Action by former employee, alleging that employer terminated her due to pregnancy-related work restrictions. The plaintiff, a receiving clerk at a distribution center, alleged that the defendant refused to engage in an interactive process with her or accommodate her restrictions on lifting, pushing, and pulling. The defendant alleged that it engaged in the interactive process with the plaintiff, but was not able to accommodate her restrictions in the receiving clerk position. The defendant alleged further that it offered her an accommodation in the form of pregnancy leave and offered to return her to the receiving clerk position following the pregnancy, but the plaintiff refused to return to work. Resolved at mediation.