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Fejes v. Gilpin Ventures, Inc.

United States District Court for the District of Colorado

960 F. Supp. 1487 (1997)

Facts

Susan Fejes (plaintiff) was hired by Gilpin Casino (defendant) as a blackjack dealer. After working for nearly one year, Fejes took unpaid medical leave due to pregnancy complications, authorized by the Family and Medical Leave Act (FMLA). Fejes gave birth while on leave and was scheduled to return to work on June 8, 1994. On June 15, Fejes received a call from her supervisor, requesting that Fejes work the following weekend. Fejes told her supervisor that she could not work over the weekend because she was breastfeeding and had concerns that she had not yet adopted an appropriate feeding schedule for the baby. On July 8, Fejes received a letter from the human-resources department informing Fejes that she was considered self-terminated. Fejes protested the termination, and Gilpin Casino agreed to rehire her. However, on July 14, Fejes received a second letter informing her that because she had allowed her gaming license to expire, she had been terminated. Fejes filed suit against Gilpin Casino, alleging that she had been terminated because of gender and pregnancy discrimination in violation of the Pregnancy Discrimination Act (PDA) of 1978 because Gilpin Casino refused to accommodate Fejes’s breastfeeding schedule. Fejes also alleged that her termination violated the FMLA. Gilpin Casino moved for summary judgment.

Rule of Law

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Issue

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Holding and Reasoning (Babcock, J.)

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