Pregnancy Discrimination Lawsuit Against OB-GYN

In a lawsuit captioned Mercado v. Dr. Gabriela Ana Olaru (N.Y. Sup. Ct. Index No. 160167/2013), plaintiff Jennifer E. Mercado alleges that her employer discriminated against her because of pregnancy-related work absences and lateness.

From the complaint:

Ms. Mercado found out that she was pregnant in or around April of 2011 and informed her employer shortly thereafter. Soon after Ms. Mercado began attending occasional prenatal appointments, Dr. Olaru began harassing her by expressing frustration and annoyance at Ms. Mercado’s late arrival to work after the appointments, even though Ms.Mercado always gave her employer advance notice of all appointments and, if necessary, stayed at the office late on days on which she attended prenatal appointments in order to complete her job responsibilities. Fearful that going to the appointments would cost her her job, Ms. Mercado even skipped prenatal appointments. Despite Ms. Mercado’s efforts to minimize any disruption to her employer as a result of her pregnancy, Defendants fired her for missing work after she called Olaru P.C. and reported that she was at the hospital in labor.

She brings her claims under the New York State and New York City Human Rights Laws, and seeks damages to compensate her for lost wages, emotional distress, punitive damages, and attorney fees.

Pregnancy discrimination is, unfortunately, a reality for too many. If you feel you have been treated unfairly or fired because of your pregnancy, childbirth, or related medical conditions, feel free to contact New York City Pregnancy Discrimination Attorney Michael J. Pospis today.

Various laws, including the federal Pregnancy Discrimination Act, the New York State Human Rights Law, and the New York City Human Rights Law (that includes the recently-enacted Pregnant Workers Fairness Act) provide significant protections for victims of pregnancy discrimination.

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