Kaiser Did Not Accommodate Lactating Mother, She Claims
3-15-2019 21:46:00

SAN DIEGO (CN) – Kaiser management did not accommodate a new mother’s lactation needs, she claims in San Diego County Superior Court.

Cynthia Lepur sued Kaiser Foundation Health Plan, Inc., for discrimination based on sex/gender, discrimination based on pregnancy, failure to accommodate, retaliation, failure to prevent discrimination and wrongful constructive termination.

Lepur, a licensed vocational nurse took maternity leave from November 2015 until January 2016, according to her complaint.

“Upon her return to work, plaintiff needed to express milk. Plaintiff was not provided an area to express milk or a reasonable amount of break time to do so. When plaintiff asked management for lactation accommodation, she began to be written up for minor reasons,” the complaint states.

“Plaintiff’s co-workers who made errors similar to plaintiff were not written up. For example, one of plaintiff’s co-workers who admitted to committing time card fraud was not subject to any discipline despite such conduct being substantially worse than any conduct or errors by plaintiff,” it continues.

Lepur contends management’s behavior towards her led to depression and anxiety. She took a 30-day leave of absence due to stress and related medical problems in July 2017, and then she sought a transfer to another department, but her request was denied, she says.

“In Jan. 2018, plaintiff was suspended for an incident that occurred in late December 2017, in which it is alleged that she was involved in a dispute with another employee. Plaintiff maintains that she did nothing wrong, and that to the best of her knowledge, the other employee involved was not disciplined,” the complaint states.

“On. Jan. 9, 2018, plaintiff was constructively discharged when she was told she had to resign or else she would be terminated,” it says.

Cynthia Lepur seeks general, special and punitive damages, pre- and post-judgment interest, costs of suit, attorneys’ fees and a jury trial. She is represented by Eugene R. Long, Jr. and Donald R. Holben of Donald R. Holben & Associates in San Diego.