Aug. 04--A 2014 case against Catholic Charities brought by a Chicago mother who claims she was discriminated against and forced to perform manual labor despite her high-risk pregnancy can continue in federal court, U.S. District Judge Robert Dow ordered last month.
The mother, Sindy Mejia, alleges that work-related stress led to the premature birth of her son, who suffers developmental delays. Mejia is also suing the nonprofit on behalf of her son, alleging the nonprofit was negligent.
Catholic Charities had argued that the mother's accusation of negligence toward Mejia's son was "novel" and should be argued in state court. "Illinois courts have yet to address the extent of whether an employer owes any duty to an employee's unborn child in requesting an employee to perform certain manual duties," the nonprofit argued.
But Dow said Illinois courts have ruled that a person has a right to be born free from prenatal injuries "foreseeably caused by a breach of duty to the child's mother" and that other cases provide enough grounds for him to continue to hear Mejia's case.
Catholic Charities couldn't immediately be reached for comment.
Mejia, 28, alleges that she was demoted shortly after she informed a female supervisor that she was diagnosed with a high-risk pregnancy. Her new duties included vacuuming the office, moving heavy filing cabinets and carrying old files, according to the lawsuit, filed last year in federal court in Chicago.
Mejia went into labor prematurely, soon after a discussion with her supervisor triggered an anxiety attack that landed her in the hospital, according to the suit. After her son, Diego, was born, he was placed in a hospital's intensive care unit for nearly two weeks.
Eventually, Mejia filed a formal complaint against her supervisor with the nonprofit's human resources department, but she was fired shortly afterward, the complaint alleges.
Mejia is seeking to be assigned to a job she would "now be occupying," and to be paid for wages, bonuses and benefits lost. The suit also seeks compensatory damages of more than $75,000, $1 million in punitive damages and more than $50,000 as compensation for her health care costs.
acancino@tribpub.com
