An EMT-paramedic claims she was unlawfully forced to take paid and unpaid leave during her pregnancy, even though her employer could have provided a “reasonable accommodation” for her limitation, in a federal lawsuit filed this month.
Plaintiff Meghan McCutcheon filed her lawsuit last month in U.S. District Court for the Middle District of Louisiana.
McCutcheon, a resident of Denham Springs and a 12-year employee of East Baton Rouge Parish EMS, alleges defendant City of Baton Rouge-Parish of East Baton Rouge committed an unlawful employment practice in violation of the Pregnant Workers Fairness Act, or PWFA.
She contends the city falsely maintains it is unable to grant any light-duty accommodations to EMTs and EMT-paramedics.
“In practice, however, Defendant regularly departs from this stated policy by temporarily modifying or temporarily reassigning EMTs and EMT-Paramedics, who cannot safely perform full field duties due to medical or other limitations, to less physically demanding roles,” her 14-page complaint states.
McCutcheon has served East Baton Rouge Parish EMS since 2014 as an EMT-paramedic assigned to field operations.
According to her filing, she has saved “countless lives” during her career, served as vice president of the Paramedic Association, acted as a Paramedic Association Board shift representative, and been awarded a Medal of Honorable Service.
McCutcheon says she learned she was pregnant with her second child in 2024.
She intended to continue deploying in the field until shortly before her new child’s birth, as she had done during her first pregnancy. However, in November 2024, McCutcheon began experiencing severe pelvic pain related to the pregnancy.
In January 2025, after being admitted to a local hospital for further evaluation, she was diagnosed with a cervical prolapse.
Cervical prolapse concurrent with pregnancy is a rare and serious condition. Without proper management, it can result in infection, preterm labor, and miscarriage.
She was restricted from lifting and her doctor recommended she be assigned to light-duty work until her anticipated due date in early March 2025.
When the deputy shift commander tried to obtain a light-duty accommodation for McCutcheon, the city informed him that it had only granted such accommodations during the COVID-19 pandemic.
McCutcheon, in her filing, argues that is false, pointing to others who had been reassigned due to their medical conditions.
“Defendant made no effort to contact McCutcheon directly, seek medical clarification, explore alternatives, or engage in an interactive process related to McCutcheon’s initial accommodation request,” the complaint states. “Nor did Defendant make any effort to contact McCutcheon regarding FMLA leave.
“Consequently, McCutcheon was forced to begin to exhaust accrued vacation leave, sick leave, and compensatory time.”
Between Jan. 14, 2025 and the day before McCutcheon delivered her second child in late February, the city required McCutcheon to take 120.68 hours of accrued paid leave consisting of 96.79 vacation hours, 19.77 sick hours and 4.12 hours of compensatory time.
After McCutcheon depleted her accrued paid leave, the city also required she take 107.32 hours of accrued unpaid leave during the same period.
“McCutcheon was required to involuntarily deplete the leave she had planned to use following her child’s birth,” her lawsuit states. “Defendant’s conduct thus caused McCutcheon financial loss, emotional distress, and irreparable harm.”
She contends the light duty she requested is a “reasonable accommodation” under the PWFA – and that the city is unable to show her request would have imposed an “undue hardship” on its operations.
Under the PWFA, covered employers are required to provide “reasonable accommodations” for workers’ known limitations related to pregnancy, childbirth, or related medical conditions, unless it causes the employer an “undue hardship,” meaning a significant difficulty or expense.
Unlike the Family Medical Leave Act, there is no minimum time worked or hour requirement; protections begin on day one of employment.
McCutcheon seeks all lost wages and benefits, compensatory damages, pre- and post-judgment interest and attorney fees.
Robein Urann Spencer Picard & Cangemi APLC in Metairie, Louisiana, and Mooney Green Saindon Murphy & Welch PC in Washington, D.C., are representing McCutcheon.
