Arbitrator Says West Texas Mental Health Provider Violated Sex and Pregnancy Discrimination Laws
An independent arbitrator has found that regional health provider PermiaCare, engaged in a pattern of sex and pregnancy discrimination and harassment that caused a former accounting supervisor to resign. The arbitrator concluded that PermiaCare violated the Pregnant Worker Fairness Act and Title VII of the Civil Rights Act of 1964. The decision is believed to be the first award of damages under PWFA, which went into effect in 2023. Under the law employers are required to provide “reasonable accommodations” to qualified employees’ known limitations related to pregnancy, childbirth or related medical conditions unless such accommodations create an “undue hardship” for the employer. Jacqueline Tarango joined PermiaCare in 2019 as a staff accountant before being promoted to accounting supervisor in 2021. During her first pregnancy in 2020, she alleged that her immediate supervisor subjected her to a hostile work environment. He left the agency but later returned in the same role.