As discussed before, a pregnant employee can face many different legal issues with her employer that impact many different laws including the Pregnancy Discrimination Act (PDA), The Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA) and possibly the Genetic Information Nondisclosure Act (GINA). Pregnant employees also need to know about their short term and long term disability insurance plans and how they interact with these laws. Most of these laws clearly cover natural pregnancy and adoption, but what about birth by surrogate?
That issues is now being addressed in a recently filed case. A US businesswoman is suing her employer after she was allegedly denied maternity leave following the birth of her twins through a surrogate mother.
Kara Krill, a clinical business manager at the Massachusetts-based company Cubist Pharmaceuticals, is claiming breach of contract, breach of good faith and fair dealing, discrimination on the basis of her disability and gender, and negligent misrepresentation by the company. She is seeking an injunction against Cubist, as well as compensatory and punitive damages.
Krill developed Asherman’s Syndrome – a condition which rendered her infertile – following the birth of her first child. When she and her husband decided to have a second child they used a surrogate. The resulting twins are biologically related to both Krill and her husband.
Following her first pregnancy, Krill was given 13 weeks of paid leave under the company’s maternity leave policy. However this time Krill says she was informed that she would only be entitled to five days of paid leave and up to $4,000 in expenses – as is offered to adoptive parents. Paternity leave under Cubist’s policy is also five paid days.
In her letter of complaint to Cubist, Krill stated: ‘But for my physical disability, I would be receiving the paid maternity leave offered by Cubist. Accommodating my disability would not require [Cubist] to provide me with any more benefit than other mothers’. Furthermore, she complained of discrimination and verbal abuse by her supervisor in the workplace due to her disability and surrogacy arrangement.
What do you think about Krill’s situation?
If you or someone you know is pregnant, and are not sure how to navigate the maze of legal issues that face you, feel free to call Scott Behren and the Behren Law Firm for a free consultation.