Update on Union's Pregnancy Accommodation Lawsuit
OCTOBER 28 -- TWU Local 100 last week filed a lawsuit against the MTA for refusing to provide a pregnant subway conductor with a desk job during the final months of her pregnancy.
The MTA refused to provide Kisha Hutchinson this “reasonable accommodation” even though her obstetrician reported she has been suffering from shortness of breath, can only walk short distances and can only stand for short periods of time. Hutchinson also has anemia and must use the restroom frequently, according to legal papers filed by lawyers Arthur Schwartz and Laine Armstrong.
"The MTA’s claim that it can’t find suitable positions for pregnant workers is ridiculous,” TWU Local 100 President Tony Utano said. “They just don’t care enough to figure something out. That’s why we hauled them into court. Let them try to justify this to a judge and jury.”
The MTA has only offered Hutchinson a platform conductor’s post, which would require her to be on her feet all day. She is not getting paid as she has exhausted her sick days and vacation time. “It’s been rough,” she said. “I work for a reason. I need to work.” The lawsuit claims the MTA is violating city and state Human Rights laws by failing to make a “reasonable accommodation” for Hutchinson.
“We took this to court to compel Transit to do the right thing — in this case, to provide reasonable accommodation to C/R Hutchinson,” Rapid Transit Operations VP Eric Loegel said. “It’s crazy we should have to drag them to court, but Transit has consistently refused to do the right thing.” A Manhattan Supreme Court judge has scheduled a Nov. 7th hearing on the case.