UWS Vet Forced Pregnant Mom To Risk Parasite, Radiation Exposure: Suit

UPPER WEST SIDE, NY — Upper West Side vets forced a pregnant single mom to take x-rays, lift heavy animals and clean cat boxes — risking exposure to radiation and a miscarriage-inducing parasite — then fired her after severe morning sickness caused her to call in late, a new lawsuit contends.

Shayba Douglas, a 28-year-old veterinary technician with over a decade of experience, contends the real reason she was fired by City Veterinary Care and her former boss, veterinarian Dr. Andrew Kaplan, was that the animal hospital was irked by a pregnant human begging to avoid radioactive exposure, dangerous lifting and toxoplasmosis, court records show.

"They were getting tired of her requests for accommodations due to her pregnancy – accommodations that Plaintiff had to repeatedly bring up because Defendants failed to accommodate her," the suit says.

"Rather than accommodating Plaintiff’s pregnancy, Defendants found it easier to hire a replacement."

Requests for comment sent to Kaplan, an office representative from his practice and their legal team were not returned.

Douglas's attorneys — Julie Salwen and David Harrison of Harrison, Harrison & Associates — told Patch their client only wanted reasonable accommodations, as was her legal right.

"Based on the advice of her doctor, she requested reasonable accommodations for her pregnancy, including protection from x-ray radiation and help lifting heavier animals," the lawyers said.

"Instead of following the law and engaging in a dialogue with her to find accommodations that would work for both her and City Veterinary Care, her employer refused to accommodate her or discuss alternate accommodations and ultimately fired her. "

Douglas's battle to protect her second baby began in February, after she had been worked at City Veterinary Care on West 72nd Street and Broadway for about four months, according to the suit.

Her bosses at first seemed excited for Douglas and appeared amenable to her doctor's standard pregnancy-related requests, including that she avoid radiation exposure, heavy lifting and dirty kitty litter, a source of toxoplasmosis and can result in miscarriage or stillbirth.

But Douglas' manager — and ultimately her Tufts University Veterinary Medicine-degree-bearing boss Kaplan — appeared not to understand basic precautionary medical care for pregnant human beings, the suit states.

Douglas contends that she was forced to lift heavy packages and animals without assistance or anyone offering to help the pregnant worker.

The office also refused to accommodate Douglas's request to avoid toxoplasmosis exposure and ordered her to clean litter boxes, the lawsuit states.

The manager directly exposed the pregnant employee "on at least one occasion" to radiation by taking an x-ray without any warning while Douglas assisted a patient, the lawsuit also claims.

The manager, the lawsuit contends, safely removed herself out of harm's way before exposing the patient and her co-worker to the harmful radiation.

During this time, intense morning sickness also sometimes caused Douglas to arrive late to work or required her to take extra breaks while on the clock.

After a scheduled vacation in early June, Douglas claims she had intense nausea, swollen feet and vomiting and called out sick for three days, a situation she informed her manager about via text message.

The animal hospital — rated as the Best In New York by New York Magazine nearly 20 years ago — "abruptly fired Plaintiff by text message, purportedly due to 'repeated tardiness'" the following Monday, the suit reads.

Several other workers — including a manager — ofter arrived late, and Douglas had never been reprimanded due to her punctuality or any other work-related issues, the lawsuit contends.

"[They] violated the law and illegally discriminated against Plaintiff because of her pregnancy and gender," reads the suit.

Douglas seeks damages, back and front pay from Kaplan and City Veterinary Care.

The young mom's attorneys say she was devastated by the blatant pregnancy discrimination and has not been able to find work, only depression, anxiety and sleepless nights.

"It humiliated her," the suit claims. "And made her lose confidence."