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Stout v. Baxter Healthcare Corp.

The court declines to extend the Garcia rule to those disparate impact claims, such as this one, in which the plaintiff's only challenge is that the amount of sick leave granted to employees is insufficient to accommodate the time off required in a typical pregnancy.

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Appeal from the United States District Court for the Northern District of Mississippi

In this putative class action Plaintiff-Appellant Wilma Stout (Stout) sued Defendant-Appellee Baxter Healthcare Corp. (Baxter) pursuant to Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978 (PDA), 42 U.S.C. � 2000e(k).*fn1 Stout appeals a summary judgment in favor of Baxter and the denial of her cross motion for summary judgment. Finding no error, we affirm.

Facts and Proceedings Below Stout was hired by Baxter as a material handler in May of 1998. Pursuant to Baxter’s standard policy, Stout was a probationary employee for the first ninety days of her employment. During this probationary period, Baxter evaluates new hires’ job skills and performance. Probationary employees are subject to a strict attendance policy: anyone who misses more than three days during the period is terminated. Baxter does not provide vacation time or medical leave for probationary employees.

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