Harness v. Hartz Mountain Corp‪.‬

This reverse discrimination case involves an interpretation of Kentuckys statutory counterpart to the Pregnancy Discrimination Act, 42 U.S.C. § 2000e (k), and the Kentucky statutes application to the pregnancy leave policy of Hartz Mountain Corporation (Hartz). Harness contends that Hartz policy discriminates in favor of pregnant employees and against male employees. We believe that the Supreme Courts opinion in California Fed. Sav. & Loan Assn v. Guerra 479 U.S. 272, 93 L. Ed. 2d 613, 107 S. Ct. 683 (1987), permits the favorable treatment accorded pregnant employees by the Hartz policy. Accordingly, we affirm the district courts grant of summary judgment in Hartz favor.