• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • GET STARTED
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Feds sue after pregnant employee loses new job

Tom D'Agostino
By: Tom D'Agostino
Read it on Beacon
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: February 15, 2021
3 minute engagement
employer refused to move start date
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

A new lawsuit filed by the Equal Employment Opportunity Commission (EEOC) accuses a hospital operator of violating the Americans with Disabilities Act (ADA) by withdrawing a job offer after a new employee developed pregnancy-related complications.

Taylor McKay applied for a job as an EMS dispatcher with St. Clare’s Health, which provides medical services in New Jersey.

In early September of 2019, St. Clare’s offered McKay the position. McKay accepted the offer. The EEOC’s lawsuit says that at the time, St. Clare’s knew McKay was about six months pregnant. It also says St. Clare’s told her that she could take a multi-week leave of absence when the baby was born.

Things Go Smoothly Until …

McKay underwent drug screening and a medical examination, and St. Clare’s medically cleared her for hire near the end of October. She was supposed to begin her orientation on November 11

Unfortunately, on November 3 McKay began to experience intense migraines and sensitivity to light as well as increased nausea and vomiting. She was hospitalized that day and was later diagnosed as having preeclampsia, which is a pregnancy-related complication. McKay was induced into early labor.

On November 6, after she had been induced, McKay emailed an HR generalist at St. Clare’s saying she would not be able to attend her scheduled orientation and asking what steps she needed to take next.

Would Not Hold Spot

According to the suit, just hours later the HR generalist left McKay a voicemail saying she could not hold the position for her because she was “technically not an employee.”

McKay gave birth to her child that day and was discharged from the hospital on November 10. Upon discharge, she was prescribed a blood pressure medication and told to “take it easy” until she could be medically cleared at an appointment sometime in December, the suit says.

McKay called the HR generalist on November 15 but was again told the position could not be held for her, according to the suit. She was cleared to work around mid-December but did not get the job.

The EEOC says it tried to reach a pre-litigation settlement using its conciliation process, but it was unable to do so. It subsequently proceeded with a lawsuit accusing St. Clare’s of violating the ADA by withdrawing the job offer.

Whether McKay was technically an applicant or employee at the time of the challenged conduct is irrelevant because the ADA bans discrimination against employees and applicants.

The suit says McKay’s email to the HR generalist was a request for accommodation that St. Clare’s wrongfully rejected. She essentially asked for a delay in her start date of just five weeks, the agency says. St. Clare’s did not communicate with her at all regarding a possible accommodation, it alleges.

Punitive Damages Sought

As relief, the suit asks for a permanent injunction banning St. Clare’s from engaging in disability discrimination. It also seeks an award of back pay and punitive damages.

The case, which was filed in a New Jersey federal district court, is U.S. Equal Employment Opportunity Comm’n v. Prime Healthcare Services, No. 2:21-cv-2055 (D.N.J. complaint filed 2/8/21).

Read it on Beacon
Open this article in Beacon, from HRMorning, and ask how it applies to your company. Every answer names its source.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Get it free with a Beacon account. Beacon keeps your company's HR context at hand, and every answer names its source.
Create my free account

Free Training & Resources

White Papers

Building an Incident Management Program? Start With These Four Fundamentals

Provided by Navex

White Papers

Managing FMLA in California: Where Federal Law Ends and CFRA Begins

Provided by AbsenceSoft

White Papers

AI HR Prompts

White Papers

TriNet AI in HR eGuide 2026

SPONSORED CONTENT

Performance Management

Talent Management

sponsored content
Employee Recognition Program: What the First 6 Months Reveal About Whether It Will Last

Courtesy of INSPIRUS

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Employment Law

Policy & Procedures

sponsored content
Policy Rollout: 4 Checkpoints That Show Employees Got the Message

Courtesy of NAVEX

Further Reading

  • Employment Law
Bias claim against C-suite shows need for company-wide training: $85K payout

In this case, the EEOC sued on behalf of three Hispanic women who alleged that two C-suite executives in Texas created a hostile work envir...

  • Employment Law
Feds’ war on non-compete agreements rages on: NLRB boss fires latest salvo

The move toward a federal ban on non-compete agreements inched forward with the issuance of a new government memo that says the use of thes...

  • Employment Law
$3.2M Retaliation Verdict After HR Flags Pay Issues

What does a textbook case of unlawful retaliation look like? If the allegations in this case are true – as a jury believed to the tune of...

  • Employment Law
Bonuses Left Out of Overtime Pay: Tennessee Contractor to Pay $1.73M

Payroll teams that pay nonexempt workers nondiscretionary bonuses should confirm those amounts are included in the overtime regular rate. ...

  • Employment Law
Ouch! Alleged hiring preference costs employer $700K

Expressing a hiring preference for a particular gender can be a very dangerous thing for employers to do. Why? Because there is a good c...

  • Employment Law
Did Toxic Workplace Lead to Birth Defects? Suit Gets New Life

An employer may be responsible for birth defects allegedly caused by its workers’ exposure to toxic chemicals, a state appeals court in I...

Get the latest from HRMorning in your inbox PLUS Beacon, free. Check it before you say it.

GET STARTED FREE
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy | Terms of Service
Copyright© 2026 HRMorning
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.