Home health worker files discrimination lawsuit after losing job during pregnancy

Michelle Keahey Sep. 6, 2012, 5:28am


NEW ORLEANS - A home health worker has filed a gender discrimination lawsuit that claims she was terminated because of her pregnancy.

Haley D. Hernandez filed suit against Home Healthcare Partners d/b/a Delta Home Health on Aug. 31 in federal court in New Orleans.

Hernandez was hired by Delta Home Health as a care transition coordinator on Feb. 21, 2011. In late May 2011, she informed the defendant that she was pregnant. Less than a month later, she was written up by the Human Resources Manager for failing to meet a weekly job goal of four admits.

According to the lawsuit, two male counterparts that failed the weekly goal were not written up.

Hernandez filed a charge of discrimination with the Equal Employment Opportunity Commission and was terminated from her position approximately two weeks later.

"Complaint was discriminated against because of her sex/pregnancy and was subsequently retaliated against for opposing the unlawful discrimination to her employer and for filing a charge with the EEOC," the lawsuit states.

The plaintiff is asking the court for an award of damages for lost wages and benefits, back pay and front pay, reinstatement, lost anticipated wages due to a wage increase or lost promotion, severe emotional distress, mental anguish, humiliation, embarrassment, damage to reputation, loss of earning capacity, punitive damages, court costs and attorney's fees.

Hernandez is represented by Robert L. Campbell of Williamson, Fontenot & Campbell in Baton Rouge and J. Parker Layrisson of Parker Layrisson Law Firm in Ponchatoula. A jury trial is requested.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:12-cv-02178

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