Posts Tagged ‘termination’

A refusal to accomodate pregnancy required lifting restrictions or termination in response to pregnancy complications, may be the basis for a discrimination claim under state laws and the Federal Pregnancy Discrimination Act.

An African-American pregnant nurse has filed a lawsuit against her employer claiming she lost her job after provided her employer with a doctor’s note stating that she could not lift more than 50 pounds.

Claiming violations of her civil rights and violation of the Pregnancy Discrimination Act, Jackie Lewis filed suit against Senior Living Properties, doing business as Overton Healthcare Center, on Oct. 25 in the Eastern District of Texas, Marshall Division.

Lewis was employed by Overton Healthcare Center in Overton since September 2004 as a certified nursing assistant.

On Aug. 15, she informed her employer of her pregnancy, according to the lawsuit. Lewis states she had been to the hospital that day and could not report for work. She also missed work on Sept. 1 due to complications of her pregnancy, but claims she submitted the proper excuse from her doctor.

Ten days later, she was reassigned to a position which would require lifting on her part.

As a result, she submitted a note from her doctor limiting her lifting to no more than 50 pounds. The next day, Lewis’ employment was terminated, according to the lawsuit.

The plaintiff is seeking damages for lost wages, insurance benefits, emotional pain and suffering, inconvenience, mental pain and anguish, loss of enjoyment of life, punitive damages, emotional distress, embarrassment, disappointment, indignation, shame, despair,

If you believe you have been the subject of pregnancy discrimination, file a charge with the EEOC or go to an employment law attorney that handles these types of matters such as Scott Behren and the Behren Law Firm.

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Many of you man know that if you your employer has at least 50 employees and you have been a full time employee of the employer for 12 months that you may be entitled to Family Medical Leave Act leave in the event of your serious health condition or that of one of your relatives. A new Federal Court opinion has indicated that an employee may not only take that FMLA leave, but should not be pestered about when they will return to work.

A U.S. District Court for the Western District of Arkansas opinion dismissed Howard Memorial Hospital’s motion for summary judgment and concluded that a jury should be presented with the Family and Medical Leave Act interference claim made by a hospital employee who said she felt pressured to return to work during her medical leave.

In the case, Regina Terwilliger, a former Howard Memorial Hospital housekeeper, claims that her supervisor contacted her on a weekly basis to ask when she would return to work after undergoing back surgery. One pivotal phone conversation revolved around Terwilliger’s work status, with the housekeeper asking if she was at risk of losing her job while she was at home recovering. During that conversation, Terwilliger’s supervisor responded to her questions by saying that she should return to work “as soon as possible.” Terwilliger decided to cut her medical leave short and returned to work a week early. A few weeks after returning to work, the hospital fired Terwilliger, alleging she stole from another hospital employee. Terwilliger says she was fired for taking FMLA leave and asserts that the hospital deprived her of the act’s full benefits by pressuring her to return to work early.

“Interference includes discouraging an employee from using FMLA leave,” the district court wrote.

If you have questions about your rights under the Family Medical Leave Act or FMLA, call Scott Behren and the Behren Law Firm.

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An Orlando woman has teamed up with high-powered attorney Gloria Allred to sue her former employer for gender discrimination and retaliation, after she said she was sexually harassed by managers who commented on her breasts.

Amy-Erin Blakely filed the lawsuit in an Orange County, Florida court on Wednesday and said the harassment at The Devereux Foundation went on for about five years. Blakely managed 900 employees at the nonprofit behavioral health organization that also provides foster and adoptive assistance. Blakely says she worked for the organization in Orlando until she was fired last year after she accused managers of sexual harassment.

“It was very humiliating to know that senior members of our management team would focus on my breasts as opposed to my performance on the job,” said Blakely at a Los Angeles press conference Wednesday.

“She also alleges that someone in management talked about how large her breasts were and that she needed to ‘hide them,’” Allred told the station.

Blakely said she always dressed professionally, was an exemplary worker and had never before been reprimanded. In fact, she said she was promoted and given raises eight times in 13 years. The 43-year-old had risen to the position of Assistant Executive Director, but claims she couldn’t advance any further because her managers said she was “too sensual.”

As many readers of my blog are well aware, sexual harassment in the workplace is prohibited by Florida and Federal law. In addition, if you complain to your employer about sexual harassment in your workplace and are retaliated against or fired, that is simillarly a violation of Federal and Florida law.

If you believe you have been the victim of sexual harassment or retaliation in the workplace, feel free to contact the Behren Law Firm or another attorney experienced in employment law matters.

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