Williams v. MacFrugal's Bargains - Close-Outs, Inc.

Good Law

1998 Cal. App. LEXIS 886·67 Cal. App. 4th 479·79 Cal. Rptr. 2d 98·98 Daily Journal DAR 11107·78 Fair Empl. Prac. Cas. (BNA) 129

Court of Appeal of CaliforniaOctober 26, 1998B117802California1,777 words

Opinion

Yegan, J.

Julie Williams appeals from the dismissal of her wrongful termination action against MacFrugal’s Bargains - Close-outs, Inc. (MacFrugals, erroneously sued as PNS Stores, Inc.), entered after the trial court sustained a demurrer without leave to amend. The trial court concluded that the Fair Employment and Housing Act, which prohibits discrimination against pregnant workers (Gov. Code, § 12945, subd. (a)), does not apply to hysterectomies that are not directly related to pregnancy or childbirth. We affirm.

Facts and Procedural History

In 1996 appellant worked as a part-time cashier at MacFrugals and was denied a leave of absence for a “diagnostic hysterectomy.” Appellant was terminated after the surgery because she had not worked enough hours to qualify for medical leave. MacFrugals encouraged her to reapply for employment as soon as she was able to resume her duties.

Appellant filed suit alleging pregnancy discrimination (§ 12945) and wrongful termination in violation of the Fair Employment and Housing Act (FEHA). The complaint alleged that MacFrugals discriminated against appellant because of her “medical condition which was related to pregnancy in violation of §…

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