OBSOLETE DATA: This Enforcement Guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues dated July 14, 2014. Most of this revised guidance remains the same as the prior version, but changes have been made to Sections I.B.1 (Disparate Treatment), and I.C.1 (Light Duty) in response to the Supreme Court's decision in Young v. United Parcel Serv., Inc., --- U.S. ---, 135 S.Ct. 1338 (2015). Section I A.5 of the July 14, 2014 guidance has also been deleted in response to Young.
If those responsible for taking the adverse action did not know the employee was pregnant, there can be no finding of intentional pregnancy discrimination.[15] However, even if the employee did not inform the decision makers about her pregnancy before they undertook the adverse action, they nevertheless might have been aware of it through, for example, office gossip or because the pregnancy was obvious. Since the obviousness of pregnancy "varies, both temporally and as between different affected individuals,"[16] an issue may arise as to whether the employer knew of the pregnancy.[17]
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When Germaine learned she was pregnant, she decided not to inform management at that time because of concern that such an announcement would affect her chances of receiving a bonus at the upcoming anniversary of her employment. When she was three months pregnant, Germaine's supervisor told her that she would not receive a bonus. Because the pregnancy was not obvious and the evidence indicated that the decision makers did not know of Germaine's pregnancy at the time of the bonus decision, there is no reasonable cause to believe that Germaine was subjected to pregnancy discrimination.
[15] See, e.g., Prebilich-Holland v. Gaylord Entm't Co., 297 F.3d 438, 444 (6th Cir. 2002) (no finding of pregnancy discrimination if employer had no knowledge of plaintiff's pregnancy at time of adverse employment action); Miller v. Am. Family Mut. Ins. Co., 203 F.3d 997, 1006 (7th Cir. 2000) (claim of pregnancy discrimination "cannot be based on [a woman's] being pregnant if [the employer] did not know she was"); Haman v. J.C. Penney Co., 904 F.2d 707, 1990 WL 82720, at *5 (6th Cir. 1990) (unpublished) (defendant claimed it could not have discharged plaintiff due to her pregnancy because the decision maker did not know of it, but evidence showed plaintiff's supervisor had knowledge of pregnancy and had significant input into the termination decision).
[151] Mayorga v. Alorica, Inc., 2012 WL 3043021, at *6 (S.D. Fla. July 25, 2012) (unpublished) (denying defendant's motion to dismiss where plaintiff claimed impairments related to her pregnancy included premature uterine contractions, irritation of the uterus, increased heart rate, severe morning sickness, severe pelvic bone pains, severe back pain, severe lower abdominal pain, and extreme headaches). Several recent district court decisions that have concluded that impairments related to pregnancy are not disabilities have been based either on a lack of any facts describing how the impairment limited major life activities, or on the incorrect application of the more stringent requirements for establishing that an impairment constitutes a disability that existed prior to the effective date of the ADA Amendments Act (ADAAA). See Wanamaker v. Westport Board of Education, 899 F. Supp. 2d 193 (D. Conn. 2012) (plaintiff did not allege facts that would demonstrate that the spinal injury, transverse myelitis, she suffered in childbirth substantially limited a major life activity); Selkow v. 7-Eleven, Inc., 2012 WL 2054872 (M.D. Fla. June 7, 2012) (without acknowledging the ADAAA, which applied at the time of plaintiff's termination, the court held that plaintiff presented no evidence to withstand summary judgment on whether her weakened back constituted the type of "severe complication" related to pregnancy required to establish a disability); Sam-Sekur v. Whitmore Group, LTD, 2012 WL 2244325 (E.D.N.Y. June 15, 2012) (relying on case law pre-dating the ADAAA, the court held that "temporary impairments, pregnancies, and conditions arising from pregnancy are not typically disabilities," but allowed the pro se plaintiff to amend her complaint to allege facts concerning the duration of her chronic cholecystitis, which required removal of her gall bladder, and how the condition was linked to pregnancy).
It was initially created by using various assets contributed by fans to Mane6's unfinished leaked build, and the Tribute Edition release as its base from Beta 2 onwards. It is the first game to be built on 2D Fighter Maker 2015.
At the Skywalker home, R2-D2 met C-3PO, a protocol droid that Anakin had built. The two bonded as they worked on Anakin's personal podracer. R2-D2 and C-3PO cheered for Anakin during the Boonta Eve Classic, where the boy would win his freedom, along with enough money to buy a new hyperdrive. R2-D2 accompanied the group to Coruscant, and from there back to Naboo. As Queen Amidala led an attempt to liberate the planet, R2-D2 nestled into an N-1 starfighter. Young Anakin, being ordered to hide in the cockpit by Qui-Gon Jinn, accidentally launched the fighter and the two flew into battle, destroyed the Droid Control Ship and shut down the droid armies, winning the battle and liberating Naboo. R2-D2 and his allies later attended a victory parade in Theed, though they were unable to be joined by Jinn, as he had been killed by the Sith Lord Darth Maul during the battle. Because of this, Skywalker became the Padawan learner to Obi-Wan Kenobi, who had been Jinn's apprentice before the Jedi Master's death.[18]
Following the defense of Christophsis, R2-D2, along with General Skywalker and Padawan Tano, took part in a mission to rescue Rotta, the son of the Hutt crime lord Jabba. While Skywalker and Tano laid siege to the Separatist-held B'omarr Order Monastery on Teth where Rotta was being held, R2-D2 sat in Skywalker's starfighter and maintained contact with General Kenobi. Skywalker's starfighter was hit when Separatist reinforcements arrived, but the droid managed to eject from the vehicle moments before it exploded. Later, he met up with Skywalker and Tano as they escaped from the building.[20]
During the Separatist assault on Bothawui, R2-D2 flew in the droid socket of General Skywalker's starfighter. While pursuing General Grievous' starfighter, Skywalker and R2-D2's starfighter was hit by a piece of shrapnel. Skywalker was rescued by Republic forces but Artoo was recovered by the Trandoshan scavenger Gha Nachkt, who sold him to General Grievous. Nachkt traveled to Grievous' secret listening post Skytop Station, which lay in the Ruusan system. Knowing Artoo's relationship with Skywalker, the Separatist military leader ordered Nachkt to disassemble the astromech droid and extract all information on the Republic's military strategies from him.[36]
After recapturing Cad Bane on Naboo, R2-D2 along with Skywalker and Tano examined Bane's starfighter Xanadu Blood and discovered that he had recently traveled to the volcanic planet of Mustafar. Artoo later accompanied his master and Tano to Mustafar where they managed to rescue the children, following a skirmish with Separatist droids. However, they were unable to locate the mastermind who hired Bane, Darth Sidious.[42]
R2-D2 came up to the bridge and found Skywalker and Windu had survived the blast, but were trapped under the rubble. When R2-D2 attempted to move the debris, he caused the bridge to shudder. Skywalker warned R2-D2 to stop trying to free them. Instead, he instructed the astromech to return to their Jedi starfighter and contact the Jedi Temple on Coruscant for help. While leaving the bridge, R2-D2 was pursued by Boba Fett's bounty hunter associates including Aurra Sing. He managed to escape, and delayed them by using debris to block them.[51]
R2 managed to reach the Jedi starfighters, but he was then accosted by the remaining gundark. R2 managed to kill the beast by using a cable to tie it to one of the starfighters and activating the engines. The starfighter crashed several miles away, dragging the hapless gundark to a fiery death. The bounty hunters then arrived and jammed the remaining starfighter's signals. They attempted to capture R2-D2; however, before they could, the astromech droid blasted the ship into hyperspace and traveled to Coruscant. There, he relayed Skywalker's message to the other Jedi in person. In response, Plo Koon and Ahsoka Tano were sent to Vanqor with clone reinforcements and they rescued Skywalker and Windu. R2-D2 was commended for his bravery. However, Boba Fett and his associates continued to trouble the Jedi.[51]
Following the events on Allena, R2-D2 and C-3PO were caught up in a second adventure. While traveling aboard the Jedi Master Adi Gallia's cruiser, their starship was attacked by three Separatist cruisers led by General Grievous. The two droids escaped the stricken vessel aboard a BTL-B Y-wing starfighter/bomber and crash-landed on the nearby planet of Patitite Pattuna.[55]
R2-D2 and C-3PO took the opportunity to escape and resume their search for a replacement power unit for their Y-wing starfighter. Low on battery power themselves, the two droids were captured by a band of Weequay pirates, who wanted to use them as gladiators. However, the Weequay's pirate ship Marauder was attacked by General Grievous' cruiser. During the bombardment, C-3PO and R2-D2 were sucked out of the Marauder by a hull-breach. R2-D2 used his rocket boosters to bring him and C-3PO aboard Grievous' ship. Grievous ordered the two droids to be melted down in his incinerator but they were rescued by a Republic fleet led by Master Plo Koon, who had come to rescue Master Gallia. R2-D2 and C-3PO were subsequently rescued by Plo Koon's forces and resumed their services to Senator Amidala and General Skywalker respectively.[55]
R2-D2, along with his masters Skywalker and Tano, later participated in the defense of Cato Neimoidia. The planet had come under attack from the Separatists. During the battle, Skywalker's starfighter was attacked by buzz droids. After Skywalker was knocked out by a powerful blast, R2-D2 took control of the starfighter. Under Ahsoka's orders, he landed the fighter on Cato Neimoidia's surface to bring the unconscious Skywalker to safety.[64] 2ff7e9595c
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