Wrongful Death Alleged in California Labor Lawsuit

Atascadero, CA Many people have heard of wrongful termination and similar California labor lawsuits, but a recently filed California labor law claim alleges that a woman’s employment resulted in the death of her baby. Specifically, she alleges that although she requested accommodations due to a high-risk pregnancy, those accommodations were not made, and her infant died shortly after birth.

According to court documents, Reyna García’s job as general merchandising manager at an Albertson’s in California involved loading and unloading large quantities of merchandise and pushing or pulling heavy pallet jacks. The lawsuit alleges that because of a previous premature birth, García had a note from her doctor medically restricting her from lifting more than 15 pounds. This letter was reportedly given to her supervisor, as were two other doctor’s notes, written after she complained of increasing pain and discomfort, including nausea and pelvic pressure.

García alleges in her lawsuit that her supervisor refused to accommodate her requests for accommodation, a violation of California’s Fair Employment and Housing Act.

“Although Ms. García was concerned for her health and the health of her baby, she stayed on the job because she needed the income and because her health insurance was provided through Albertson’s,” the lawsuit alleges.

On November 12, 2012, García reportedly complained to her supervisor of pelvic pressure and asked to leave work but was denied. That evening, she was reportedly rushed to the hospital. Her baby stayed alive inside her until November 17, when the doctor informed her that the baby was brain damaged. That day, the baby girl was delivered. She survived only 10 minutes.

According to the lawsuit, however, García’s issues with work continued as she was allegedly retaliated against when she returned to work after her six weeks of recovery. The retaliation reportedly included “eliminating her supervisorial and merchandise ordering responsibilities and issuing her a baseless write-up for alleged insufficiencies in her job performance during a period when she wasn’t even at work due to prescheduled days off.”

The lawsuit claims the defendants - New Albertson’s Inc, SuperValu and García’s supervisors - violated California’s Fair Employment and Housing Act by not engaging in a good-faith process with García when she requested an accommodation based on disability and by retaliating against her for making a request for pregnancy-related leave. Under the California Government Code, García’s high-risk pregnancy was considered a disability and should have allowed for accommodations to be made at her employment.

García seeks compensatory, general and special damages in her lawsuit. The lawsuit is case number CV 130309, in the Superior Court of the State of California, County of San Luis Obispo.