Bereaved New Jersey Mother Loses Discrimination Case
A New Jersey mother who lost her daughter to acute lymphocytic leukemia in 2005 was told to remove a picture of her from the cubicle she was stationed in at her former place of employment. This was nearly two years after the young girl’s death. After resigning from her position, the woman filed a lawsuit against the company for workplace discrimination.
Her daughter had been diagnosed in 2003. Soon after, her leukemia went into remission. But two years after being diagnosed, the disease suddenly reappeared and took her life. The mother, in her state of mourning, hung a picture of her daughter in her cubicle. Two years later, a supervisor asked her to take the picture down and to stop discussing the death of her daughter because it was making other employees feel uncomfortable. He suggested that she act as if her daughter no longer existed.
The mother was shocked. According to her, she was so shocked that she could not say anything during the conversation. She did not report to work after the incident. Days later, she needed sudden heart surgery because of unexpected palpitations. When she recovered, she filed her lawsuit.
In the suit, she alleged that her employer was guilty of discrimination, infliction of emotional stress and constructive discharge. When her case went to trial, she did not win. The court said that they could not prove the employer’s intent to cause her emotional stress. The judge said that the workplace was too complicated for his court to determine any sort of motive.
Although the woman in this story did not win her case, many courts rule in favor of an employee who has been discriminated against. Those who have been treated wrongly by an employer or coworker may find it helpful to speak with an experienced employment law attorney.
Source: The Huffington Post, “Cecelia Ingraham, New Jersey Mother, Reportedly Forced To Remove Photos Of Deceased Daughter From Cubicle (POLL),” Laura Hibbard, Sept. 9, 2011