An appeals court has ruled that a medical technician presented a prima facie case of pregnancy discrimination with her wrongful termination suit over her refusal to climb a ladder to wash windows after being diagnosed with a high-risk pregnancy.

A panel of the Superior Court of New Jersey's Appellate Division reinstated her suit after rejecting the defendants' arguments that insubordination was a legitimate reason for her firing and that she has no claim for discrimination because she did not request an accommodation.

Sandra Roopchand worked for Drs. Richard Schaller and Robert Fallon in 2013 and 2014. Her duties included cleaning examining rooms but not washing windows. In July 29, 2014, she told Schaller she was pregnant, and later she notified him that her pregnancy was high-risk and that she had to see her doctor weekly. On the same day, she overheard Schaller telling Fallon in hushed tones, “I don't care, she's a liability.” Later, Fallon asked her to clean some floor-to-ceiling windows, but she said, “I don't do windows.” At 5 foot 2 inches, she would have needed a ladder to do the job. He asked her two more times, and she refused again, so he fired her.