A mom who experienced hyperemesis gravidarum during her pregnancy won her discrimination claim against her boss who said she inconvenienced them because of her frequent absences from work.
Kiran Nasreen worked as a receptionist for the office of Malik Law Chambers, an immigration firm in London since 2014. According to the New York Post, Nasreen had a good working relationship with her boss, Dr. Akbar Ali Malik, the firm's line manager, until she got pregnant with her first child in December 2017.
Employment Judge David Massarella ruled on her case after more than two years of litigation. She told the Massarella's tribunal that Malik became hostile when she started taking medical leaves from work. Malik also refused to acknowledge her sick notes with medical evidence of her hyperemesis gravidarum.
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Symptoms of Hyperemesis Gravidarum
Hyperemesis gravidarum is characterized as an extreme form of morning sickness during the first trimester of pregnancy. Symptoms of this condition include persistent nausea and vomiting that could lead to weight loss, dehydration, and imbalances in the electrolytes. This condition causes the human chorionic gonadotropin (HCG), released by the placenta, to rise at extreme levels thus the extreme side effect.
British Duchess Kate Middleton experienced hyperemesis gravidarum for all of her three pregnancies. According to Middleton, who is married to Prince William, the grandson of Queen Elizabeth II, she wasn't the happiest pregnant person because of her severe vomiting.
Moms who have hyperemesis gravidarum are usually advised to limit activities and follow a specific diet to manage the symptoms. In some cases, mothers may have to be hospitalized for IV fluid.
The condition, however, doesn't have any impact on the baby in the womb. The doctors may also prescribe some baby-safe medications that will help the mother deal with the nausea.
Only 0.3 to three percent of pregnant moms experience this extreme morning sickness. Meanwhile, regular nausea and vomiting occur in at least 90 percent of pregnancies during the first three months.
Tribunal's Ruling on Nasreen's Case
Nasreen's hyperemesis gravidarum was confirmed in her seventh week of pregnancy and her husband went to her office to inform her boss. Instead of accommodating the couple's requests for more sick days, Malik decided to fire and give her severance pay with a Christmas bonus.
The company, however, refused to pay for the work she rendered in January 2018, when she still came to the office just as she started experiencing her severe morning sickness. The couple has been trying to have a baby for many years of which the office was fully aware as well.
Massarella said that Malik did not apply the usual steps to accommodate a pregnant employee. Instead, the law firm decided she was an inconvenience and was unfairly dismissed. However, two months after Nasreen was fired, Malik Law Chambers was shut down permanently for various infractions.
Meanwhile, a succeeding hearing will be underway to determine the exact compensation Nasreen must receive from her former employers.
