Pregnant Laid-Off Abbott Worker to Get Failure-to-Recall Trial

Abbott Laboratories faces trial over a laid-off employee’s claim pregnancy bias caused her not to be recalled when the company ramped up its Covid-19 testing kit production.

The US Court of Appeals for the First Circuit and Maine courts apparently haven’t addressed the elements of a failure-to-recall claim, the US District Court for the District of Maine said. But it’s clear that failing to recall a laid-off worker can be an adverse job action, the court said.

Abbott, pointing to a failure-to-recall test used by a federal court in New York, argued summary judgment was warranted against Larissa Peluso ...