Corpus Christi Caller Times Caller.com - Settlement is reached in Alice nursing home case

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Friday, June 15, 2001
Settlement is reached in Alice nursing home case
Woman claimed that she was terminated because of pregnancy
By J.R. Gonzales
Caller-Times
   The state Attorney General's Office announced a settlement Thursday between an Alice nursing home and a woman who it said was terminated because she became pregnant and ignored the mandatory leave policy.
   As a result, Anna Garza, a former certified nurse's assistant with Hospitality House, will receive an undisclosed award for lost wages during her unemployment.
   "I didn't think we owed this woman any money at all," said Terry E. Drake, Hospitality House Inc. president and chief executive officer. "She was hired full well knowing what the policy was."
   Garza was asked to take maternity leave without pay because she worked directly with patients. According to the company's policy at the time, women who were not administrative personnel or licensed supervisors were prohibited from working while pregnant. Garza could work again for the company after her child was born and after she obtained a doctor's release form. She refused to comply with the policy and was discharged in April 1998, according to the Attorney General's Office. "She was not fired, but was asked to take a leave of absence," he said.
   One condition of the settlement was that the nursing home had to accept a new leave policy that complies with the federal Family and Medical Leave Act. The new policy states:
   "Hospitality House Inc. will provide leave as required by the FMLA. The taking of leave under the FMLA may not result in the loss of any employment benefit accrued prior to the date on which the leave commenced." Drake said that aspect of the settlement was never an issue to begin with.
   The company has amended its policy before. Four months after Garza's dismissal, she filed a complaint with the Texas Commission on Human Rights, which determined the company's policy was illegal. The company then changed its maternity policy to allow pregnant women to work if they had a note from their doctor.
   Drake said having pregnant women work at the nursing home could open him up to further litigation if they were to become injured on the job.
   "There is no light duty when it comes to caregiving in a nursing home," he said.
   When the commission and the company became unable to reach a agreement concerning Garza's dismissal, the matter was referred to the Attorney General's Office, which led to a lawsuit filed against Hospitality House in August.


Contact J.R. Gonzales at, 886-3779 or gonzalesj@caller.com

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