Director of the Division of Employment Security v. Fitzgerald

Kathy Fitzgerald (employee) had worked as a welder for General Dynamics Corporation (company) since 1976. On September 4, 1978, the employee informed the company that she was pregnant, and on September 15, 1978, she presented to the company’s medical staff letters from her physicians stating that for health reasons connected with her pregnancy she must cease work as a welder but would continue able to do lighter work. At the same time she applied to the company’s personnel office for lighter work in the form of a clerical job for which she was qualified by earlier experience. She was told…