It is not very often that courts have to grapple with a claimant’s inclusion in a protected class. The idea of the aggrieved individual having an “immutable characteristic” is one of the hallmarks of Title VII since the Civil Rights Act was enacted in 1964. Thus, a recent case under the Pregnancy Discrimination Act (PDA), Snider v. Wolfington Body, Case No. 2:16-cv-02843 (E.D. Pa. Oct. 17, 2016), challenging an employee’s eligibility for protection under the law has raised a few eyebrows.
Reanne Snider was hired by Wolfington Body Co. as a clerk in August 2014. At the time she was hired, Snider was two to three months pregnant, but not “showing,” according to the complaint filed in the case. Around November or December 2014 Snider requested medical leave to give birth and care for her newborn, however, her employer told her that they did not have a maternity leave policy. In her complaint, Snider alleged that during the same time period she requested to take medical leave, she was told her position was going to be eliminated.
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