“Chapter 21 prohibits employers from discriminating against employees “on the basis of pregnancy, childbirth, or a related medical condition.”  Tex. Lab.Code Ann. § 21.106(a).  Women who were pregnant at, or very near the time of, an adverse employment action are members of the protected class, as are women who were on maternity leave, or who had recently returned to work at the time of the adverse action.  Helmes v. S. Colonie Cent. Sch. Dist., 564 F.Supp.2d 137, 147 (N.D.N.Y.2008).…Thus, one of the primary issues presented in a case in which a woman is not pregnant at the time of an adverse employment action becomes where to “draw th[e] line.”  Id.  Accordingly, whether the plaintiff is a member of the protected class in pregnancy discrimination cases is best determined on a “case-by-case basis.”  Helmes, 564 F.Supp.2d at 147. …KIPP terminated her employment on February 17, 2011, less than three months after she had returned from maternity leave, and KIPP does not dispute that it terminated her employment on this date.  Further, near the time Whitehead was hospitalized and absent from work from August to October, Carter discussed with Fimble terminating Whitehead’s employment and Whitehead’s pregnancy.  We conclude that Whitehead presented evidence establishing a prima facie case that she was a “member of the protected class” in regard to her sex-discrimination claim based on her pregnancy, childbirth, and related medical issues.  Her evidence that she returned to work from maternity leave on December 3, 2010 and KIPP terminated her employment less than three months later is sufficient to create a fact issue as to her membership in the protected class.  And the existence of this fact issue precludes the granting of KIPPS’s plea to the jurisdiction.”

KIPP, Inc. v. Whitehead, 2014 WL 3926562, at *6-7 (Tex. App. Aug. 12, 2014) (Jennings, J.).

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Photo of Gregory A. Placzek Gregory A. Placzek

We asked Gregory A. Placzek, an experienced Trial Attorney in the San Antonio office of Rob Wiley, P.C., to provide his candid answers to a range of questions.  After reading, you will be more more familiar with the direct one-on-one expertise that

We asked Gregory A. Placzek, an experienced Trial Attorney in the San Antonio office of Rob Wiley, P.C., to provide his candid answers to a range of questions.  After reading, you will be more more familiar with the direct one-on-one expertise that Mr. Placzek affords.

1. What do you like most about being an employment lawyer?

I get to meet people with different backgrounds, skills, and experiences.  I deal with a broad range of clients such as mechanics, doctors, truck drivers, CEOs, IT professionals, public servants, and even other attorneys, so it is always interesting to see what other people do for a living.

2. What is the most satisfying part of working for Rob Wiley, P.C.?

Getting justice for what would be considered the “little guy.”

3. What is the biggest mistake you see clients make?

Not contacting an attorney soon enough.  It is better to get ahead of any impending action instead of reacting to it after the fact.

4. What labor and employment issues do you think are currently trending?

Without a doubt, LGBT issues are the hottest topic that is trending.  Courts, the public, and employers are starting to recognize the need to protect this class.

5. If you could write a new law, what would it do?

Hold companies better accountable for provisions in employee handbooks.  If they expect employees to abide by the handbook, so should they.

6. Besides Rob Wiley, P.C., what is the most interesting job that you have had?

I worked at a rock quarry one summer in college.  I would come home covered in a fine dust after working ten hours in 100 degree heat.  I met some great people and learned the value hard work and proper hydration.

7. Who is your role model?

My father is an amazing trial attorney in Southwest Missouri.  As a kid, I was always astonished at his successful advocacy on behalf of those who were wronged.  Now that I am an attorney myself, I am even more impressed with his passion and grasp of the law.

8. What makes you laugh?

Being the father of three boys, I am always a sucker for a good knock-knock joke.

9. What is your favorite food?

Thai food.  Ask and I will let you know the best thai food in San Antonio.

10. What’s the best part of living in San Antonio?

Go Spurs Go!

Gregory A. Placzek is a Trial Attorney in the San Antonio office of Rob Wiley, P.C.  He graduated cum laude from The University of Tulsa with a bachelor’s degree in chemistry in 2006.  Mr. Placzek went on and received his law degree magna cum laude from Southern Methodist University Dedman School of Law in 2009.