Local woman settles pregnancy discrimination case
Jamie Cole says her fight for pregnant women in the work place ends with vindication
WEAVERVILLE - When Jamie Cole took out an Equal Employment Opportunity Commission complaint against her employer in October 2014, she wondered if anyone would listen.
The mother of three wanted to stand up for women everywhere when she alleged pregnancy discrimination in the workplace. Even if she didn't win, she knew she had to do right by her now 3-year-old daughter.
Now, just over one year after the EEOC said it would investigate her charges against Sava Senior Care's Brian Center Health and Rehabilitation in Weaverville, Cole received an answer.
"I almost want to cry," said Cole of the news. "Since I won the case, their polices are going to be changed, and that right there is worth a million bucks."
With the help of the American Civil Liberties Union, Cole and Sava Senior Care were able to reach a settlement of an undisclosed amount through mediation. Representatives from Sava Senior Care were unavailable for comment on Thursday.
The paperwork was finalized Dec. 3, said Cole's lawyer Galen Sherwin, a senior staff attorney with the ACLU's Women's Rights Project in New York City.
A lump sum will be paid to Cole to cover lost wages, legal fees and compensatory damages for emotional distress, she said. Sava Senior Care also has agreed to ensure it has policies in place that allow pregnant women accommodations the same way it would for people with other limitations, Sherwin added.
"This is a really important step forward, particularly because this has been an area where there is a serious gap for pregnant women, some of whom are being forced to choose between a paycheck and a healthy pregnancy," she said.
A certified nursing assistant, Cole provided personal care and services to nursing home residents at Sava Senior Care's Brian Center for two years until a complicated pregnancy put limits on how much she could do, and she was taken off the work schedule, according to the federal complaint filed by Cole.
The move eventually forced her to find work elsewhere, she said. The drop in pay forced her to sell her Dodge Magnum, kept her from qualifying for a mortgage and prevented her from putting together a nursery for the new baby until months after giving birth.
"I wasn't trying to be lazy on the job," said Cole. "It was fully stated that I could work, just no heavy lifting. I was trying to fight for what was right and what my rights were and what every other woman's rights are. I was trying to prove a point."
It was April 30, 2014, when Cole's doctor recommended she no longer do any lifting. In her previous pregnancies, Cole had suffered from preeclampsia, a condition characterized by high blood pressure that can be harmful for both the mother and baby.
At the time, according to the EEOC complaint, Cole requested "light duty" accommodations, filling out a Sava Senior Care's Reasonable Accommodation Acknowledgment form. The nursing home regularly provided "light duty" to workers unable to lift. On light duty, nurse assistants can feed and clean residents and assist with oxygen tubing and nebulizers, Cole argued.
Representatives at Sava Senior Care denied Cole's request, saying she could not perform the essential functions of the job, since she could no longer lift 35 pounds without assistance, as stipulated in the job description.
Cole returned to her doctor, begging for a new note. On May 8, she received word that she could lift up to 35 pounds, and weight beyond that with assistance.
Her request was again declined, according to the EEOC filings, and Cole was told she couldn't return to work until there were no restrictions at all.
Cole did not work from May 1 through June 10, 2014. She was allowed to return June 11, after seeking legal counsel. A week later, on the advice of her doctor, she went on pregnancy leave.
Cole never returned to work at Sava Senior Care. The Arden resident had her baby in mid-July and resigned Sept. 4. She later secured employment as a certified nursing assistant at another local care facility.
Cole's case is one of several settlements the ACLU has been involved with in the wake of the Young v. United Parcel Service's decision, Sherwin said. In March, the U.S. Supreme Court voted 6-3 that employers can't deny pregnant workers the same accommodations already provided to other workers who are injured on the job.
"This is a very good sign," Sherwin said. "It signifies that employers are starting to realize that they need to provide pregnant women with the same accommodations that are provided to others with limitations, otherwise they might face serious liability."
Going public hasn't been easy, Cole said. While many people stood beside her, others didn't think she had an argument worth fighting for.
On Thursday, Cole talked about her three children. She saved news clippings about her complaint and hopes to show them to the kids when they get older.
"I want to share them and say, 'Hey, Mommy fought for this,'" she said. "Especially for my daughter; one day she is going to have babies, and I don't want her to have to go through something like that."