# 00372659, Karla Garcia v. Tacticom USA, et al. filed 4/29/10

Defendant’s Attorney: Mark K. Koorenny

Verdict: Defense                                        Dept. 40, Hon. Rebecca Riley

Plaintiff was hired as an administrative assistant and placed on probationary status for ninety days, after which  her medical benefits would commence.  Plaintiff became pregnant during this probationary period and  used forty days of her allowed eighty-eight days of medical leave.  When she returned to work her position had been reduced to a part-time position and was filled by another new male employee. She was offered a new part-time position with the same job title and medical benefits.  Plaintiff refused the job offer and resigned.  Plaintiff filed a FEHA lawsuit alleging wrongful termination and pregnancy leave discrimination.  Defendants alleged they did all they could to accommodate Plaintiff’s pregnancy condition; they paid all of Plaintiff’s co-payments during the pregnancy, gave her an open maternity leave and accommodated all of her medical appointments.  While Plaintiff was on  leave, Defendants filled her position with a new temporary employee and reduced the position to part-time status due to a slowdown in business, but offered her the new position when she returned.    Jury returned a defense verdict that there was no other alternative action available for Defendants.