Alleging Discrimination Against Pregnant Employee
TUCSON - Attorney General Mark Brnovich announced that his office (AGO) filed an employment discrimination complaint against Joshua David Mellberg, LLC dba JD Mellberg Financial (JDMF). JDMF is a licensed national insurance agency that markets life insurance and annuity products. JDMF’s home office is located in Tucson, Arizona.
On June 22, 2020, an employee with a pregnancy-related disability filed a charge of discrimination with the AGO. The employee alleged that her employer, JDMF, discriminated against her in violation of the Arizona Civil Rights Act (ACRA) by forcing her to commence an unpaid medical leave of absence instead of allowing her to work remotely as a reasonable accommodation. It is alleged that JDMF further discriminated against her by cancelling her medical insurance and terminating her employment after she engaged in protected conduct under the ACRA. The employee gave birth to her child in July 2020.
At the time of her employment the employee had placenta previa, a pregnancy-related disability that substantially limits mobility and activity. The employee requested a reasonable accommodation to work remotely. Despite multiple notes from her doctor describing her diagnosis, the employee's requests for reasonable accommodation were denied.
The complaint alleges that Defendant, through its General Counsel, claimed it “denied the employee's request to work remotely as a reasonable accommodation in June 2020 because pregnant women should not be allowed to work during the COVID-19 pandemic.” Specifically, as alleged in the Complaint, Defendant’s General Counsel testified, "In a COVID situation a pregnant individual should not be working, but that doesn't necessarily mean that it has to be a remote working situation, it's that this individual should not be working."
“Arizona law prohibits an employer from discriminating against any individual because of a disability,” Attorney General Mark Brnovich said. “In addition to enforcing existing law, our office is proud to have worked with the legislature earlier this year to increase civil rights protections for pregnant women in the workplace.”
The AGO’s lawsuit alleges JDMF violated the ACRA by failing to provide the employee with a reasonable accommodation for her disability, subjecting her to discrimination in the terms, conditions, and privileges of employment, terminating her employment, and retaliating against her after she engaged in a protected activity.
The AGO is seeking a judgment under the ACRA for the alleged discriminatory practices.
If you believe your civil rights have been violated, please contact the AGO's Civil Rights Division in Phoenix at (602) 542-5263,Tucson at (520) 628-6500, or toll free (877) 491-5742 or submit an intake questionnaire online at AGO's civil rights online intake questionnaire.
Copy of AGO civil rights lawsuit here.