In an unpublished decision, the California Court of Appeal recently upheld a $3.4 million verdict awarded to a delivery driver whose employer, less than one hour after notification of her pregnancy and lifting and climbing restrictions, sent her home and placed her on leave. In Lopez v. Bimbo Bakeries USA Inc., Bimbo Bakeries' human relations manager determined Yaire Lopez could not work based on review of the physical requirements of her job. She did not, however, consult Lopez or her nurse practitioner and resisted Lopez's attempts to work as a store clerk. A San Francisco jury found that Bimbo Bakeries failed to accommodate Lopez's pregnancy in violation of the California Fair Employment and Housing Act. The jury award Lopez $340,700 for economic loss and emotional distress and $2 million in punitive damages, and the court awarded her over $1 million in attorneys' fees.
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$3.4m verdict upheld for pregnant delivery driver
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