Spaziano
Spaziano v. Lucky Stores, Inc.
Opinion
Opinion
Coffee, J.
Danielle Dee Spaziano (Spaziano) appeals from a summary, judgment entered against her in an action for pregnancy discrimination under the Fair Employment and Housing Act (FEHA). (Gov. Code, § 12900 et seq.) We affirm.
Facts and Procedural History
Lucky Stores, Inc. (Lucky) operates a chain of supermarkets and employs over 25,000 workers under a collective bargaining agreement (CBA) with the United Food & Commercial Workers Union. Spaziano began working for Lucky as a journeyman clerk in 1989 under the terms of the CBA.
Spaziano became pregnant in September of 1994. She suffered from extreme nausea and began a six-month pregnancy disability leave on October 3, 1994. She was automatically terminated on April 3, 1995, when she failed to return to work after the expiration of her leave period. Spaziano gave birth on April 29, 1995, and according to her doctor, would have been able to return to work on June 15, 1995.
The CBA delineates Lucky’s policy for temporary disability leave: “Article 9—Leaves of Absence[.] A. Pregnancy, Illness and Injury. Except as set forth in Article 3, Section A [concerning discharge for cause], and pregnancy as set forth below, the Employer…