“Equal Time” Update: This Is Why I Said The Pregnancy/Gender Case Would Be A Close Call

Late last evening, after Merck concluded its defense in the case, it filed a renewed motion for judgment as a matter of law. I attach the full 38 page brief, a PDF file, which sets forth Merck’s argument — to be let out of the case, right now.

What it all boils down to in my view, is that Merck says was undergoing a reorganization — and determined that no internal candidate was qualified for the position the plaintiff sought, upon return from her most recent pregnancy leave (Merck also decided against an internal Merck-employed male candidate, as being not qualified).

And so, Merck ultimately hired another woman for the position, from outside the company, who also happened to have multiple children. Do read the last nine pages, or so, for yourself. I felt it was only fair to provide it here, since I quoted Judge Chesler’s recitation of Mr. Scalet’s statements (each quite favorable to the plaintiff), earlier this week. So, we shall wait and see.

For this particular writer, though, there is nothing more. . . mystical, sublime and alluring, than a woman bearing new life — and with the growth, continuing our millions of years of evolution, in a serene form of endless symbiosis. So, onward, we forge. . . . smile.

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