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Judy Greenwald

Pregnancy bias suit against Pennsylvania education department reinstated

June 12, 2014 - 3:12pm


An appellate court has reinstated a pregnancy discrimination charge filed by a Pennsylvania Education Department job applicant who failed to receive an offer after several officials learned she was pregnant.

Candice Roney had previously worked as a day-to-day substitute personal care assistant as a provisional employee for the Homestead, Pennsylvania-based Allegheny Intermediate Unit, which is a branch of the Pennsylvania Department of Education, according to Wednesday’s ruling by the 3rd U.S. District Court of Appeals in Philadelphia in Candice Roney v. Allegheny Intermediate Unit.

However, officials failed to offer her a job after she informed them she was pregnant, according to the ruling.

“Although there were several open (personal care assistant) positions in January 2011, Roney never received any response” from (the Allegany Intermediate Unit) to her request if there were positions available, the appellate court said.

The federal District Court in Pittsburgh granted the unit’s motion for summary judgment on the basis that she had failed to demonstrate that its reasons for its actions were a pretext for discrimination.

However, “Roney has adduced sufficient inconsistencies and contradictions to discredit (the unit’s) proffered reason for its failure to rehire her,” said a unanimous three-judge panel, in overturning the lower court ruling and remanding the case for further proceedings.

 



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