Employment law pop quiz #5

Do egg retrieval and freezing procedures qualify as a pregnancy-related medical condition or disability?

"No" according to the California Court of Appeal. Paleny v. Fireplace Products (Cal App 06/27/2024) https://www.courts.ca.gov/opinions/documents/C097584.PDF

Erika Paleny was undergoing oocyte (egg) retrieval procedures to both donate and freeze eggs for herself for potential use at some unknown time in the future. She said her supervisor didn't like that, and fired her when she said she would need time off for an appointment related to her procedures. So Paleny sued, claiming violations of California's Fair Employment and Housing Act. She claimed she was harassed and discriminated against (1) due to a disability and (2) due to a medical condition related to pregnancy.

Paleny lost on her disability claim because she was not pregnant, and was not disabled by pregnancy. She clearly was not pregnant. She also was not “disabled by pregnancy” because she was not unable to work or to perform any essential functions of her job.

Paleny was not suffering from a medical condition related to pregnancy. The definition of “related medical condition” does not include medical procedures that may tend toward future pregnancies.

The court didn't let Paleny piggyback onto the federal Pregnancy Discrimination Act (PDA). Although some courts recognize infertility as a condition protected under the PDA, Paleny wasn't being treated for infertility. There was no evidence that Paleny was undergoing the egg retrieval procedure because she was experiencing infertility or some other medical condition that necessitated the procedure in order for her to become pregnant. Her reason for extracting her eggs at that time was for donation and to store some for possible future use because the eggs were at their peak quality.

What Paleny really needed was a more sympathetic supervisor.

P.S. The "donation" paid $8,000.

Your results may vary. If you have this issue, consult a good employment lawyer.
(Not me, I'm an arbitrator.)