Jury Awards $415,000 to Paramedic for Pregnancy Discrimination

On May 7, 2018, a King County jury awarded $415,000 to our client Danielle Stumpf, a paramedic whose employer, American Medical Response (AMR), subjected her to a hostile work environment based on her pregnancy, childbirth, and status as a nursing mother. When Ms. Stumpf stood up for her rights, AMR retaliated against her by demoting her from a Field Training Officer position and preventing her promotion twice over two years.

MHB attorneys Katie Chamberlain and Sam Kramer represented Stumpf in the two-week jury trial. The jury found that AMR discriminated against Stumpf based on her gender and pregnancy and allowed its employees to harass and retaliate against her.

Stumpf had worked as a paramedic for Rural Metro Ambulance since 2009. AMR acquired Rural Metro in 2015. In 2014, when Stumpf became pregnant, her doctor placed her on lifting restrictions and limited her to an 8-hour work day. Rather than accommodating her with light-duty work, as it did for other workers, AMR forced Stumpf onto unpaid leave, causing her to lose her salary and health benefits.

In the fall of 2015, when Stumpf returned to work after the birth of her baby girl, the company engaged in what a juror described after the verdict as a “perfect storm” of negative employment decisions. AMR stripped Stumpf of her seniority, which forced her to go back to working night shifts, and took away her Field Training Officer position, a promotion she received before becoming pregnant. Witnesses testified at trial that male crew members complained about Stumpf taking breaks to pump milk for her baby and began referring to her as “the milk truck.” On a daily basis, supervisors heard harassing comments against Stumpf, including one comment that she should just “hook a catheter to those things” instead of taking pump breaks.

When Stumpf reported the harassment, AMR failed to put an end to these comments. Instead, the company instituted restrictive rules about where Stumpf could pump milk, forcing her to drive miles through traffic each day to pump at the company’s main office, where she was subjected to ongoing harassment. The company caused Stumpf so much stress that her milk production stopped. Evidence presented at trial showed that Stumpf was not the only paramedic to have been mistreated after becoming pregnant.

After a two-week trial, the six-person jury made up of five men and one woman deliberated for two days before reaching a unanimous verdict, providing powerful vindication to Stumpf. “I just want to thank the jury for approaching my case with an open mind and for reaching a just result. This means so much to me and my family, and I hope that AMR will change its practices to be more friendly to working mothers,” she said. Stumpf continues to work for AMR as a paramedic in the greater Tacoma area.

MHB’s victory on behalf of Danielle Stumpf is part of our commitment to battling pregnancy discrimination and fighting for fair treatment of working parents throughout Washington state. Companies cannot place discriminatory barriers in front of new parents when they are expecting a baby or returning to work.

Federal Court Awards $1.8 million to Employee Wrongfully Terminated by Snohomish County PUD for her Disability

Federal District Court Judge John C. Coughenour today ordered the Snohomish County PUD to pay $1.8 million to a former customer service representative, after it wrongfully terminated her for perceived side effects from prescription medications for her chronic migraine headaches.

Coughenour said the PUD failed to accommodate Cynthia Stewart’s disability, and discriminated against her because of it, writing the PUD should have: “treated her as an employee with a medical condition, rather than a drug abuser.”

Ms. Stewart suffered debilitating migraine headaches the entire 23 years she worked as a customer services representative for the PUD.  In 2013, PUD supervisors began expressing frustration at Ms. Stewart’s need for time off to receive treatment for her migraines.  In October 2014, a supervisor claimed that Ms. Stewart showed signs of impairment after she returned from her doctor’s office where she received a shot of pain medication.  Even though the PUD knew any side-effects were a direct result of the medication prescribed for her disability, it forced Ms. Stewart to sign a last-chance agreement as a condition of her returning to work – effectively threatening to fire Ms. Stewart if it ever again suspected she suffered such side effects.  In April 2015, the PUD again suspected Ms. Stewart of being impaired after a doctor’s visit, and terminated her employment.  “The PUD treated Ms. Stewart like a drug addict and criminal, rather than accommodate her disability as the law requires,” said Shaeffer.

Washington law requires an employer to provide reasonable accommodations to employees with disabilities, and prohibits employers from taking disciplinary actions against employees for their disabilities, including disability-related conduct or medication side effects.

“This is a victory for all Washington employees who suffer from a disability.  Employees should be able to seek appropriate medical treatment without fear of losing their jobs,” said Joe Shaeffer, one of Ms. Stewart’s attorneys.

The damages award included compensation for lost wages, lost pension, and emotional distress.  The Court also directed the parties to apply for an award of attorney’s fees and costs, as well as an award to compensate Ms. Stewart for adverse tax consequences of the award.

Ms. Stewart was represented by Joe Shaeffer, Katie Chamberlain, and Sam Kramer of MacDonald Hoague & Bayless.

MHB Wins Jury Verdict for Woman Fired Because of Her Breast Cancer

On Thursday, April 20, 2017, a federal court jury found Generations Healthcare Network at Oakton Pavillion, LLC, a Des Plaines nursing home, liable for firing its former Director of Nursing because she had breast cancer.  The jury awarded $400,000 in damages for  emotional injuries, one of the largest such awards in Illinois under the Americans with Disabilities Act.  The Plaintiff alleged that when Generations found out she had cancer in June of 2014, it immediately began a hunt for her replacement.  Generations purchased the nursing facility on September 1, 2014 and just 10 days later, the Plaintiff was fired. Immediately after the Plaintiff was fired the administrator of the facility, told the staff that the Director of Nursing was let go because of her health.

A jury of seven deliberated four hours before finding that Generations actions violate both federal and state laws protecting people from being discriminated against because of a disability such as cancer.

One of the attorneys for the Plaintiff, Jeffrey Taren, with MacDonald Hoague & Bayless stated: “This case shows that cancer survivors continue to face discrimination in the workplace.  This verdict is proof that women like the Plaintiff, who stand up for their rights, can obtain justice.”

 

Class Action Investigation for Wage Violations by Jackson Hewitt

Beginning in the 2013 tax season (approximately January 2014 through April 2014) and continuing to the present, Jackson Hewitt has run promotions offering $50-100 gift cards for qualifying customers who hired Jackson Hewitt to complete their tax returns. We are investigating allegations that Jackson Hewitt deducted the value of these gift cards from individual tax preparers’ revenues, lowering their earned commissions. In doing so, Jackson Hewitt may be violating the tax preparers’ commission contract or Washington’s wage laws.

If you worked as a tax preparer during anytime from January 2013 to the present, we would like to hear about your experience. You may be entitled to recover lost compensation from Jackson Hewitt. Please email attorney Jesse Wing at jessew@mhb.com, or call him at (206) 622-1604.