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Former Employee Sues Children’s Hospital Over Alleged Pregnancy Discrimination

PENNSYLVANIA RECORD

Tuesday, November 26, 2024

Former Employee Sues Children’s Hospital Over Alleged Pregnancy Discrimination

Federal Court
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A former employee has filed a lawsuit against a prominent children's hospital, alleging severe pregnancy discrimination and retaliation that ultimately led to her constructive discharge. Megan Hale filed the complaint in the United States District Court for the Eastern District of Pennsylvania on August 21, 2024, naming Children's Hospital of Pennsylvania (CHOP), Holly Burnside, and Shawn O'Connor as defendants.

According to the complaint, Hale began working for CHOP in February 2011 as a Grant Writer and was later promoted to Senior Grant Writer due to her exemplary performance. However, her troubles began in June 2017 when she informed CHOP of her pregnancy. Hale alleges that during her maternity leave in early 2018, she was demoted from her supervisory role, had her travel allowances removed, and saw programs she developed reassigned. Her new supervisor, Holly Burnside, allegedly treated her with increasing hostility after learning about Hale's pregnancy.

The situation escalated when Burnside reportedly entered Hale's locked office while she was on maternity leave and removed files containing protected health information (PHI) along with personal property and necessary work equipment. Despite repeated requests for the return of these items, Hale claims they were never returned. When she returned from maternity leave in May 2018, Burnside allegedly told her that some or all of the files had been thrown out.

Hale reported these issues to various supervisors and HR personnel over several years but claims no action was taken to resolve them. She alleges that Burnside continued to harass her by rescheduling meetings without notice, improperly cataloging time sheets, removing her from email chains related to projects she led, and questioning her childcare arrangements—actions not directed at similarly situated male employees like Shawn O'Connor.

In June 2019, Hale became pregnant again and expressed concerns about notifying Burnside due to ongoing harassment. Despite this, O'Connor immediately informed Burnside of Hale's second pregnancy. During this period, Burnside allegedly failed to notify anyone at CHOP about Hale’s maternity leave, forcing Hale to handle work inquiries throughout her leave.

Hale continued reporting discriminatory actions through 2022 without any resolution. In June 2023, she escalated the issue of missing items to Human Resources but still found no relief as the stolen files containing PHI were never recovered—a violation of HIPAA standards.

Hale resigned in July 2023 due to what she describes as an intolerable work environment created by continuous discrimination and harassment. She is seeking declaratory and injunctive relief along with actual damages for emotional distress and lost wages. Additionally, she seeks compensatory damages for punitive measures against CHOP’s alleged violations under Title VII of the Civil Rights Act of 1964; Pregnancy Discrimination Act; Pregnant Workers Fairness Act; Pennsylvania Human Relations Act; Americans with Disabilities Act; among others.

Representing Megan Hale is Timothy J. Prol from Derek Smith Law Group PLLC. The case has been assigned Civil Action No: 2:24-cv-04388 with a jury trial demanded.

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