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Texas health care firms sued for health-related firings

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in FMLA Guidelines,Human Resources,Maternity Leave Laws

Workers at two Texas health care companies are suing, alleging in separate lawsuits that their employers discriminated against them because of health-related issues. One suit claims pregnancy discrimination and FMLA interference, while the other says a worker was fired just before she was scheduled to undergo a costly surgical procedure.

Angela Barboza is suing Guardian Healthcare Holdings of McKinney, claiming the company targeted her in May 2011 for a one-person reduction in force late in her pregnancy, when she was about to go out on FMLA leave. The RIF didn’t last long; Barboza says a woman who was not pregnant (and also not Hispanic) shortly took her job.

In the other lawsuit, Shawna Shuf­field is suing Community Port­able X-Ray in Plano for firing her because she needed facial reconstruction surgery following a nonwork-related accident.

Shuffield says she told her super­visor on Oct. 27, 2010, that she was planning to have the operation the following week. Two days later, she was fired. Her suit alleges violations of the ADA and the Texas Commission on Human Rights Act.

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