Southeast ADA Center
2012
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Plaintiff, Silvia Mayorga (“Mayorga”), began her employment with Alorica, Defendant, in 2010 as a customer service representative. In January 2011, Mayorga became pregnant and her obstetrician determined it to be a high-risk pregnancy. Mayorga informed her direct supervisor as well as Alorica’s representatives of her high-risk pregnancy.
In April 2011, Mayorga informed her direct supervisor that she needed to undergo ultrasound testing and requested two days off from work. The supervisor initially denied Mayorga’s request for an excused absence, but later the request was granted by a human resources representative.
Mayorga’s ultrasound test revealed that her baby was in a breech position throughout her entire pregnancy. The complaint alleges Mayorga was admitted to the emergency room on three separate occasions for “severe complications relating to her pregnancy.” Due to these complications, Mayorga’s doctor ordered her on bed rest for three weeks. Mayorga requested three weeks of unpaid leave from her direct supervisor who initially denied the request, but a human resources representative subsequently approved the request.
When she returned to work, Mayorga was informed that she had been terminated. Mayorga sued her former employer, Alorica, on three counts: (1) Sex and Pregnancy Discrimination in violation of Title VII, (2) Disability/Perceived Disability Discrimination and Failure to Accommodate in violation of the ADA, and (3) Handicap Discrimination and Failure to Accommodate in violation of the Florida Civil Rights Act (FRCA). This brief will discuss the latter two disability claims, and the legal issues pertaining to each of them.
https://adasoutheast.org/court-decisions/mayorga-v-alorica-inc
Keywords: Americans with Disabilities Act, employment, enforcement, legal concepts, medical and health care, pregnancy