Macy’s Charged with Discrimination Against Employee with High Risk Pregnancy

March 25, 2016, NEW YORK—Manhattan Legal Services (a program of Legal Services NYC) has filed a charge with the federal Equal Employment Opportunity Commission on behalf of a former Macy’s Herald Square employee who was let go from her full-time position after Macy’s refusal to offer reasonable accommodation made it impossible for her to work without risking harm to herself or her high-risk pregnancy. (Photo: Eunice/Flickr)

Press coverage: DNAinfo

Anabelle Mayi was diagnosed with a  high-risk pregnancy in April 2015, and shortly thereafter requested reasonable accommodations so that she could continue working at the cosmetics and fragrance counter. Federal laws require that workers with medical conditions related to pregnancy or childbirth must be treated in the same way as any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees. In Ms. Mayi’s case, the accommodation requested was a chair or stool she could utilize for short periods while working at the counter.

An HR representative at Macy’s told her this would not be possible, but that she might be able to be transferred to an office job. However, no further discussion took place, and no such accommodation was provided. Ms. Mayi’s healthcare provider completed paperwork confirming that because of Ms. Mayi’s difficult pregnancy—which by now was causing blood spotting, back pain, nausea, and dizziness—she was unable to do heavy lifting and needed to be able to sit down for 15 minutes an hour. Macy’s told Ms. Mayi that the paperwork was incomplete, and Ms. Mayi struggled over the next several weeks to have her healthcare provider complete additional forms to the company’s satisfaction. In the interim, she was unable to work several days in May because Macy’s had continued to refuse to provide temporary accommodations for her medical issues.

Macy’s blocked Ms. Mayi’s employee access on May 27th, and officially terminated her employment effective July 7th. The termination letter stated that she was being fired because of her absences.

“I loved my job at Macy’s, and my manager always said I did a good job. But given the choice of keeping my baby or my job, I had to keep my baby—there really was no choice for me,” said Ms. Mayi.

“If Macy’s had simply complied with the Americans with Disabilities Act and the Pregnancy Discrimination Act by allowing our client, a single mother of an infant and young child, the reasonable accommodation of sitting fifteen minutes an hour she could have kept her job and dignity,” said Manhattan Legal Services Staff Attorney Julia Rosner. “Instead, Macy’s unlawfully disregarded the laws meant to protect pregnant women. Their actions were reprehensible, and we are determined to seek justice for Ms. Mayi.”

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Contact: Kate Whalen, 646-442-3654, kwhalen (at) legalservicesnyc.org