Pregnant nurse alleges Northwell wouldn't let her work

A pregnant oncology nurse at Mather Hospital in Port Jefferson filed a federal lawsuit against Northwell Health, saying it forced her to take early leave instead of following federal law so she could keep working with special provisions.

Lorraine Davis, 41, of St. James, alleges the health system violated the Pregnant Workers Fairness Act. That law requires certain employers to provide "reasonable accommodation" to employees who are pregnant, have given birth or have related medical conditions, according to the U.S. Equal Employment Opportunity Commission.

"The whole point of the PWFA is to keep pregnant women working when reasonable accommodations make that possible," said Taylor Crabill, Davis’ attorney, who filed the lawsuit in the U.S. District Court for the Eastern District of New York in Central Islip late Thursday.

"Pregnant women should not have to choose between protecting their pregnancy and earning the income they need to care for themselves and their families," Crabill said in a statement. "Many families depend on two incomes, and forcing a pregnant employee out of work can create serious financial consequences at the exact time her family is preparing for a new child."

Northwell Health spokesperson Barbara Osborn responded with a statement, saying, "At Mather Hospital, everyone deserves to feel safe, respected and supported — both those who come to us for care and those who provide it. We take workplace concerns seriously and are committed to addressing them fairly and appropriately."

Osborn said the health system declined to discuss the specifics of Davis’ allegations: "As this matter is in litigation, we cannot comment further."

Davis, who is due to give birth in November, said she experienced vaginal bleeding early in her pregnancy. Her obstetrician/gynecologist said she should not lift anything over 10 pounds and needed to take five-minute breaks to sit after standing continuously for one or two hours, according to the lawsuit.

Northwell approved those accommodations, and she worked with them in place from April 20 to May 3 and on May 5 and 8, the suit said. On May 8, a supervisor told Davis to go home early from her shift because the hospital didn’t need a registered nurse on "light duty."

According to the lawsuit, Davis said she was told she had to go on leave or be fired. She put in for leave until June 27, and when she tried to return, she was denied because her lifting and standing accommodations "prevented her from performing the essential functions of her job."

Davis is asking the court to award her an unspecified amount for loss of earnings, back pay, attorney's fees and other damages.

By Lisa L. Colangelo

lisa.colangelo@newsday.com@lisalcolangelo

Lisa joined Newsday as a staff writer in 2019. She previously worked at amNewYork, the New York Daily News and the Asbury Park Press covering politics, government and general assignment.