Tech Company Sued for Discrimination After Firing Worker Who Requested Medical Leave

Losing your job is hard enough, and it can feel especially unfair if it happens right after you request time off for health or family reasons. California law protects workers from being fired for taking medical or family leave. Cases like one recently filed in Santa Clara County Superior Court show why it’s important to understand your rights and speak up if you believe your employer has violated these protections.

The wrongful termination and discrimination lawsuit involves a former senior UI/UX designer at ServiceNow, a large tech company. The plaintiff started working there in August 2021 and was fired in December 2023. According to court papers, she was a high-performing employee but faced discrimination after taking leave for fertility treatments early in 2023. Things got worse when she asked for more time off under the California Family Rights Act (CFRA) later that year to care for her sick mother and manage her own anxiety.

She told ServiceNow about needing leave in November 2023 and applied for CFRA-protected leave the next day. Before her request was even approved, she was suddenly fired in early December. The company said it was because of “communication issues.” However, the lawsuit claimed this was simply a pretext for covering up discrimination based on the plaintiff’s race, national origin and medical conditions. She also said her Asian heritage and non-native English accent played a part, according to the complaint.

ServiceNow allegedly committed multiple violations under CFRA and the Fair Employment and Housing Act. These include disability and racial discrimination, retaliation for seeking protected medical leave and wrongful termination in violation of public policy.

In California, eligible employees have the right to take protected leave without fear of retaliation. CFRA and the federal Family and Medical Leave Act (FMLA) let workers take up to 12 weeks off to deal with serious health issues or care for family members. The leave is job-protected, meaning the same position should be waiting for the worker when they come back. CFRA applies to most employers with five or more employees while FMLA covers businesses with 50 or more workers.

Besides protected leave, California law says employers must discuss making reasonable accommodations for employees with disabilities or medical conditions. That could mean changing your work hours, modifying job duties or giving you time off when necessary. If a company refuses to discuss accommodations or fires you for requesting them, that can be against the law.

In the case against ServiceNow, the former employee is seeking compensation for lost wages, medical bills and emotional distress. She is also seeking punitive damages due to ServiceNow’s alleged egregious conduct and asking the court to make sure the company does not commit further such violations with other workers.

If you have been wrongfully terminated or retaliated against after requesting medical leave or faced discrimination at work, you have options. California labor laws are designed to protect workers from unfair treatment. McCormack Law Firm helps workers who are dealing with employment law issues. If you think your employer has crossed a line, contact us today to speak to a knowledgeable San Francisco employment lawyer. We offer a free initial consultation.

Disclaimer: This article is for information purposes only. McCormack Law Firm is not involved in this case.