Nina Hagan was hired under a one-year teaching contract at St. Martin of Tours, a Catholic elementary school in Los Angeles. She received a glowing performance evaluation her first semester. But, she claimed, after the principal discovered she was pregnant, her work situation deteriorated and she wasn’t rehired for the next school year. Now a big verdict for Hagan highlights that inappropriate comments to pregnant workers can come back to haunt you.
Pregnant Teacher’s Contract Not Renewed
Hagan claimed that after she became pregnant, the principal told her that once she held her newborn in her arms, she wouldn’t want to return to work. The principal allegedly then began complaining to Hagan daily about her performance. He also continually discussed her pregnancy and what he should do for the following school year because he said she wouldn’t be back. According to Hagan’s attorney, she told the principal that she did want to work after the birth and repeatedly asked how she could improve her performance.
The principal refused to renew Hagan’s contract, and she complained to his supervisor and the assistant superintendent. She claimed they never investigated or took remedial action and told her she had no recourse for her complaints.
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School Cites Serious Performance Problems
Hagan sued, claiming she was harassed and discriminated against due to her pregnancy. The school argued that it didn’t renew Hagan’s contract because she didn’t perform well and that parents and other teachers had complained about her. In particular, the school contended that she didn’t adhere to school philosophy, didn’t teach science or give enough homework, handed out inflated grades and showed R-rated movies to her eighth graders. The school pointed out that other teachers were offered employment contracts after becoming pregnant.
Big Verdict
A Los Angeles jury found in Hagan’s favor, ordering the Los Angeles Archdiocese to pay her $1,085,000, including $450,000 in punitive damages.The case was subsequently settled for an undisclosed amount.
How To Stay Out Of Legal Trouble
Handling workplace pregnancy issues can be tricky, and missteps can lead to costly pregnancy bias lawsuits. Here are suggestions on what you can do to keep from making the same mistakes as this employer:
- Don’t assume new mothers can’t fulfill job requirements. Common misconceptions and stereotypes about a pregnant worker or new mother’s commitment to work can lead to discrimination claims. Unless the woman tells you she intends to cut back her hours or can’t do the job, don’t assume that’s the case. The St. Martin principal’s alleged comment that Hagan wouldn’t want to work once she had a new baby probably helped convince the jury that discrimination—and not her questionable performance—was the reason she wasn’t rehired.
- Don’t raise new performance issues, terminate or retaliate. Use caution before bringing up new performance issues or disciplining a worker who is pregnant, has just returned from maternity leave or complains about unfair treatment. If a performance issue arises, be prepared to cite concrete examples of the problem and give her a reasonable opportunity to improve. According to Hagan’s attorney, although the school claimed it received parent complaints about Hagan, they weren’t documented or made known to her.
- Educate the workforce. Thoroughly train managers on the rules for pregnancy discrimination, accommodation and leave requests, including disability benefits and family leave. Make sure all employees know that derogatory comments about pregnant employees won’t be tolerated.