DirecTV Pregnancy Bias Class Action Lawsuit Dismissed

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DirecTV has won dismissal of a proposed wrongful termination class action filed by a former customer service representative who contends that DirecTV terminated her because of her gender and pregnancy.

U.S. District Judge Abdul K. Kallon granted DirecTV’s motion to dismiss the case brought by plaintiff Lakeshia Tarvin, ruling that she failed to sufficiently support her allegations that DirecTV employs a “pattern and practice” of discharging pregnant employees after they give birth.

“Tarvin has not pled facts sufficient to allow the court to determine that … DirecTV’s policies disparately impact pregnant female employees, or that a causal nexus exists between any of DirecTV’s policies and an alleged statistical disparity,” the decision said.

Tarvin brought the proposed class action lawsuit in July 2015 against DirecTV alleging pregnancy and gender discrimination in violation of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act.

She worked as a customer service representative for DirecTV for 13 years, during which she became pregnant twice.

For the first, Tarvin gave birth on Aug. 8, 2013 and returned to work without issue on Sept. 16, 2013, according to the lawsuit.

In Tarvin’s second pregnancy, she experienced complications that led her physician submitting documentation to DirectTV’s third-party administrator, noting the Tarvin had become disabled due to her pregnancy. Her physician further noted that Tarvin would need “six weeks off” following her expected delivery date of July 20, 2014.

At the time, Tarvin had not worked a sufficient number of hours in the previous 12 months to qualify for Family and Medical Leave Act (FMLA) coverage for this pregnancy or the birth of her child.

However, because of her physician’s statement that the pregnancy had rendered her disabled, Tarvin was entitled to protected leave under the Americans with Disabilities Amendments Act of 2008 (ADAA).

DirecTV argued for dismissal on grounds that when Tarvin gave birth on July 5, 2014, two weeks prior to her expected delivery date, without experiencing any post-delivery complications, she was no longer disabled by her pregnancy and her protected leave under the ADAA ended.

Because Tarvin had no available leave under the FMLA, her time off became subject to DirecTV’s attendance policy.

Additionally, DirecTV challenged the discrimination claim by arguing that Tarvin failed to plausibly allege the company acted with discriminatory intent, or treated any employees more favorably.

The company reports that a Human Resources Manager spoke with Tarvin approximately five weeks after giving birth inquiring if she planned to return to work.

When Tarvin responded affirmatively, the HR Manager told Tarvin that, pursuant to the Time Off for Birth or Adoption of a Child and Bonding Time Policy, she would need to provide a physician’s release with her return-to-work date before DirectTV would permit her to come back.

However, according to DirecTV, Tarvin was unable to timely obtain the requested release and was notified two weeks later that the company had discharged her pursuant to its attendance policy.

But Tarvin contends that she mistakenly believed that her physician’s original note to DirecTV had excused her from work until Sept. 1, 2014, six weeks after her anticipated delivery date of July 20, 2014.

Judge Kallon left open the possibility for Tarvin to amend the complaint to include any missing facts.

“Because the court subscribes to the view that a plaintiff must generally get at least one opportunity to amend, the dismissal is without prejudice,” the ruling noted.

An individual disparate impact claim, which was not challenged by DirecTV still stands.

Tarvin is represented by Jon C. Goldfarb, Daniel E. Arciniegas and L. William Smith of Wiggins Childs Pantazis Fisher & Goldfarb LLC

The DirecTV Pregnancy Bias Class Action Lawsuit is Lakeshia Tarvin v. DirecTV, Case No. 2:15-cv-01237, in the U.S. District Court for the Northern District of Alabama.