New York Employment Attorney Blog
A long-term care facility worker recently filed a pregnancy discrimination lawsuit against her employer after she was allegedly forced to take an unpaid leave of absence due to pregnancy complications. In Myers v. Hope Healthcare Center, et al., Asia Myers was employed as a certified nursing assistant (CNA) at Hope Healthcare Center in Westland, Michigan for approximately three years before she became pregnant. Early on in her pregnancy, Myers was forced to take one week off of work due to bleeding and cramping. Following medical treatment, Myer’s physician allowed her to return to work with restrictions.
According to her complaint, managers at Hope Healthcare Center declined to accommodate Myers and refused to allow her to continue working. Myers claims a facility manager told her it was company policy to bar the CNA from working with pregnancy-related medical restrictions. Her lawsuit also alleges that Hope Healthcare Center provides reasonable accommodations for similar employee medical restrictions that are not related to a pregnancy. Additionally, Myers stated she was fully capable of performing other job functions at the long-term care facility until she gave birth.
As a result of being placed on unpaid medical leave, Myers apparently lost her health insurance coverage. Prior to filing her lawsuit, Myers filed a charge with and obtained a right-to-sue letter from the United States Equal Employment Opportunity Commission. In her lawsuit, Myers seeks financial compensation for violations of state law and the Pregnancy Discrimination Act of 1978. She also accused Hope Healthcare Center of violating the Americans with Disabilities Act.
The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964 to provide legal protections against harassment and discrimination to pregnant workers in the U.S. In addition, employees in New York City enjoy similar safeguards at both the state and municipal levels. The New York Human Rights Law forbids employers from making employment decisions based on an employee’s pregnancy or other protected status, and a law that goes into effect in January prohibits employers in New York City from discriminating against a woman based upon her pregnancy, childbirth, or a related medical condition.
The caring attorneys at Phillips & Associates have many years of experience representing the victims of pregnancy discrimination and sexual harassment in New York City and surrounding areas. At Phillips & Associates, our committed lawyers are available to help you protect your rights at the city, state, and federal levels. To schedule a free, confidential consultation with a dedicated advocate, do not hesitate to call our knowledgeable lawyers at (212) 248-7431 or contact Phillips & Associates through our website.
More Blog Posts:
ADA Requires Employers in New York and Nationwide to Provide Workers Who Undergo Fertility Treatments with Reasonable Accommodations, New York Employment Attorney Blog, December 11, 2013
EEOC Case Brought on Behalf of Pregnant Applicant Reminds Employers in New York and Elsewhere Pregnancy Discrimination is Illegal, New York Employment Attorney Blog, December 4, 2013
Additional Resources:
Pregnant Nursing Home Worker ‘Forced On Unpaid Leave’, by Victoria Bekiempis, Newsweek