Humana Reaches $500,000 Settlement in Pregnancy Discrimination Suit
The settlement includes an additional $250,000 in attorney fees.
March 13, 2019 at 06:36 PM
4 minute read
Humana Inc. is coughing up over $500,000, plus $250,000 in attorney fees, to a former employee who claimed the health care company unlawfully fired her when she became pregnant.
U.S. District Judge Freda Wolfson in New Jersey entered judgment Friday in favor of Kate Jenkins, who sued her former employer Senior Bridge Family Companies and its parent company, Humana, in October 2016. Jenkins' lawsuit, which also named related companies as defendants, claimed her old workplace engaged in sex and pregnancy discrimination when she was fired in 2015.
Humana offered to pay $500,000 in January to resolve Jenkins' claims, and also agreed to pay “reasonable” attorney fees and costs. Wolfson signed off on that agreement Friday. The parties agreed Humana will pay $250,000 in attorney fees and costs, according to a press release from Jenkins' attorneys.
Jenkins was represented by Lane Schiff and Stephen Console of Console Mattiacci Law, an employment rights law firm with offices in Philadelphia and Moorestown, New Jersey. In a statement, Console praised Jenkins' “courage to bring this lawsuit and her conviction to accept nothing short of a public judgment in her favor.”
“The value to a civil rights plaintiff to have a judgment entered for the world to see, after they have been tossed into the street by their former employer, is significant,” he said.
Jenkins, in a comment included in the firm's press release, said she hoped the judgment would help spur employers to ”begin to embrace and empower” working mothers, in addition to recognizing their obligations under the law.
Jenkins worked for Humana from September 2006 to January 2015, according to court papers. Jenkins, who was promoted within her company and rose to be a regional executive director, said she witnessed her boss and another employee in 2014 complain about the number of people who had requested or taken time off for family and medical leave.
Jenkins became pregnant shortly after. When she notified her boss, the complaint said, the supervisor asked Jenkins who would watch her baby and inquired about maternity leave. The complaint says Humana also “interfered” with Jenkins' ability to work and “unjustly criticized” her performance.
After Jenkins took a leave of absence, the company fired her within weeks of her return. The lawsuit alleges that her termination violated Title VII of the Civil Rights Act of 1964, and the New Jersey Law Against Discrimination. It also claimed Jenkins was fired in violation of the Family and Medical Leave Act, as well as the New Jersey Family Leave Act.
Humana initially fought Jenkins' claims that she was entitled to damages. John MacDonald, a partner at Constangy, Brooks, Smith & Prophete who represented the Louisville, Kentucky-based company in the case, filed a motion for partial summary judgment in March 2018.
MacDonald contended Jenkins failed to show her employers engaged in “especially egregious” conduct under the New Jersey Law Against Discrimination, writing her firing instead stemmed from “numerous failures in her work performance.” A termination memo from Jenkins' supervisor, Ruth Farrago, said Jenkins was fired for such behavior as letting companions work on clients, improperly discussing client information and allowing family members to make health care decisions, and more.
MacDonald also argued, among other things, that Farrago and the human relations professional who helped make the call to fire Jenkins were not considered, under the law, “upper management” who took affirmative actions to engage in “especially egregious” conduct.
After the case went to mediation, Jenkins in January accepted an offer of judgment from her former employer.
“Many women in the workforce have two full time jobs: the one performed for their employer, and the one at home, caring for and raising their families,” Jenkins said in her statement. “As these women are working double to wear both hats, employers must do more to prevent and remove the discriminatory obstacles uniquely faced by working mothers.”
Neither MacDonald nor Humana responded to requests for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRetiring AOC Director Judge Glenn A. Grant Walks Away From Judiciary 'Tremendously Impressed' by New Jersey's Judges
5 minute readDisciplinary Board Criticizes Ethics Panel for Dismissing Charges Over Improper Firm Name
4 minute readFederal Judge Pauses Trump Funding Freeze as Democratic AGs Plan Suit
4 minute readMenendez Asks US Judge for Bond Pending Appeal of Criminal Conviction
Trending Stories
- 1After Botched Landing of United Airlines Boeing 767, Unlikely Plaintiff Sues Carrier
- 2DOT Moves to Roll Back Emissions Rules, Eliminate DEI Programs
- 3No Injury: Despite Proven Claims, Antitrust Suit Fails
- 4Miami-Dade Litigation Over $1.7 Million Brazilian Sugar Deal Faces Turning Point
- 5Trump Ordered by UK Court to Pay Legal Bill Within 28 Days
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250