Lysak v. Seiler Corp.
Supreme Judicial Court of Massachusetts
614 N.E.2d 991 (Mass. 1993)
During her job interview, Lysak (plaintiff), then pregnant though it wasn't discussed, voluntarily and unprompted told Seiler's (defendant) president Zammer she wasn't planning to have more children; after she was hired and revealed her pregnancy, Zammer said he felt betrayed by her earlier misrepresentation and no longer trusted her, and her employment was mutually terminated at her own suggestion so she could work as an independent contractor. Lysak sued for pregnancy discrimination, the jury found for Seiler, and Lysak appealed, arguing she was entitled to a directed verdict and a jury instruction barring termination based on any pregnancy-related misrepresentation.
Whether an employer may lawfully discharge an employee based on the employee's unsolicited misrepresentation concerning pregnancy.