Pregnant employee files a lawsuit after losing job

Michelle Keahey, East Texas Bureau Sep. 5, 2011, 1:59pm

SHERMAN - An Hispanic female has filed a lawsuit against her former employer claiming she was fired in favor of a non-pregnant, non-Hispanic and less qualified employee.

Claiming violations of the Family and Medical Leave Act, Angela Barboza filed suit against Guardian Healthcare Holdings Inc. on Aug. 26 in the Eastern District of Texas, Sherman Division.

Barboza states that in May she was terminated form her employment late in her pregnancy for the pretextual reason that she was subject to a one-person reduction in force.

"Mrs. Barboza was terminated in favor of non-pregnant, non-disabled, non-Hispanic and non-FMLA exercising similarly situated and less qualified employees, one of whom was just hired in mid-March," the lawsuit states.

The defendant is accused of interference and retaliation in violation of the Family and Medical Leave Act, race and national original discrimination in violation of the Civil Rights Act, sex, pregnancy, race and national origin discrimination in violation of the Civil Rights Act and the Texas Labor Code, and disability discrimination.

The plaintiff is seeking damages for loss of wages, loss of earning capacity, physical injury, sickness, pain and suffering, mental pain and anguish, impaired ability to enjoy life, loss of reputation and job opportunities, out of pocket expenses, punitive expenses, court costs, attorney's fees and interest.

Barboza is represented by Allen attorney Dan A. Atkerson. A jury trial is requested.

Case No. 4:11-cv-00554

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