Another Victory FOR Pregnant MOMS!
Posted by Advocate Aaron on June 4, 2009 · Leave a Comment
On May 11, Moms in the Middle celebrated another victory when the 7th Circuit U.S. Court of Appeals ruled in favor of Kathleen Ryl-Kuchar, a woman whose employer, Care Centers, retroactively canceled her health insurance when she filed for leave to care for her newborn triplets under the Family Medical Leave Act (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=7th&navby=title&v1=Kathleen+Ryl-Kuchar). Judge Terence Evans wrote that sufficient evidence existed to prove that Care Centers had canceled the insurance as retribution for Ryl-Kuchar’s leave and the Court upheld an earlier ruling that ordered Care Centers to pay Ryl-Kuchar $30,000 to cover her medical bills. Amen!
This is a victory that can be savored, but only temporarily. We can rejoice that the court protected the rights of a Mom in the Middle; but at the same time we must lament the fact that it is so easy for women to be discriminated against. Ryl-Kuchar’s battle was hard-fought and spanned five years of litigation – no easy task, especially if you have no job and three young children to care (and pay) for.
There’s still much work to be done if we’re to prevent pregnancy discrimination where it starts – in the workplace – before it has to go to court. Bearing the burden of proof can seem an extraordinary challenge to Moms in the Middle who fear facing the legal teams Big Business can bankroll. Modern media has many convinced that you can’t win in court against financial powerhouses. But this is an insult to respected justices who can judge a case based on its merits rather than its rhetoric.
Employers and insurance companies must practice equitable treatment. Legislation might protect women from pregnancy discrimination; but only if they take action against it. To maximize the impact potential of law, courts should impose hefty penalties on organizations that practice pregnancy discrimination. If companies do not pay taxes, the government will put them out of business; if companies discriminate, the livelihood of their businesses should likewise be at stake. Operating illegally is breaking the law, no matter what the infraction is.
Let’s hope that would-be discriminators hear about Ryl-Kuchar’s case against Care Centers, and understand that a similar outcome awaits any organization found guilty of pregnancy discrimination.
