Ex-employee files Title IX complaint over treatment during pregnancies at Smith College

By SCOTT MERZBACH

Staff Writer

Published: 11-02-2016 12:39 AM

NORTHAMPTON — While pregnant with her first child in 2006, former Smith College employee Lisa Newman alleges she was discriminated against by a supervisor when she arrived five minutes late for a staff meeting, and was then forced to sit in full view of a clock at subsequent meetings to remind her she needed to be on time.

Coupled with a negative performance review, Newman says this sort of ongoing retaliation created a traumatic and stressful situation for her.

“That compromised my ability feel safe to take bathroom breaks,” Newman said Monday.

Such behavior was something she was subjected to during that and three subsequent pregnancies, in which she miscarried twice.

“The scary thing for me was going through the pregnancies and miscarriages and having nowhere to go at Smith,” Newman said.

In a Title IX complaint filed with the U.S. Department of Education’s Office of Civil Rights in May, Newman claims her problems were not addressed through the college’s human resources department.

But the college disputes Newman’s assertions.

Samuel Masinter, a spokesman for Smith, said the college investigated and responded to the concerns Newman raised.

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Masinter added that Smith College prohibits workplace discrimination and pregnancy discrimination, and asserted that it is a leader in parental rights.

In fact, Smith College President Kathleen McCartney announced a new policy that went into effect July 1. Staff who are the primary caregivers of a newborn or adopted child will have their paid leave extended from eight to 12 weeks following their birth or adoption, while paid leave for non-primary caregivers will be extended from one to four weeks.

It’s unclear if the Office of Civil Rights will act on Newman’s complaint, because the incidents in question occurred well outside the 180-day time frame stipulated for such cases. If it does not act on the complaint, it may forward it to the Equal Employment Opportunity Commission.

But the case highlights the need for the state to pass the Pregnant Workers Fairness Act, said Liz Friedman, program director at MotherWoman Inc., a Hadley nonprofit that supports mothers.

Friedman said the legislation will ensure accommodations for women who are having typical pregnancies and aren’t covered by the Americans with Disabilities Act, including extra bathroom breaks, access to water, stools for jobs that require standing and light duty.

As part of this continued effort to pass the legislation, filed by state Rep. Ellen Story, D-Amherst, the Northampton City Council on Thursday will take up a resolution in support of the bill. The Northampton Pregnant Workers Fairness Resolution is co-sponsored by Councilors Gina-Louise Sciarra and Alisa Klein.

Friedman said such support from the city will help, though she is already encouraged by the legislative action.

“We’ve been very pleased with the progress of the bill at the House level,” Friedman said.

In fact, Newman was among those who testified in support of the bill in summer 2015.

The renewed push for getting Massachusetts on board comes just after the 38th anniversary of the federal Pregnancy Discrimination Act, which was signed into law Oct. 31, 1978. Friedman said prior to that, many women, when pregnancy became evident from outward appearance, would either quit or be fired from their jobs.

Through her complaint, Newman said, she wants to make sure other pregnant workers at Smith College are treated fairly and have the resources they need.

Newman, who left Smith in 2012, said until now many people were unaware of her situation.

“I suffered in silence for many years with only a few close friends knowing what my deep pain was,” Newman said.

Scott Merzbach can be reached at smerzbach@gazettenet.com.

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