A Seattle-area optometrist claims she was fired the day she returned to work after having a baby because she had objected to work conditions, took maternity leave, and asked for flexibility upon her return.
On March 12, Alana Curatola, OD, filed a lawsuit in King County Superior Court charging Northwest Eye Surgeons with gender discrimination and workplace retaliation. According to the lawsuit, the National Labor Relations Board "found merit to the allegation that Sight Partner[s] fired Alana Curatola in retaliation for her protected, concerted activity."
"It's outrageous for an employer to be as bold and unapologetic as to fire a good doctor on their return from maternity leave," Beth Bloom, an employment lawyer representing Curatola, said in an interview.
Attorney Adam Pankratz, who represents the practice, told Medscape Medical News that "the company is confident it treated Dr Curatola fairly throughout her employment, including the decision to terminate her employment, and we look forward to the opportunity to prove that in court."
According to the lawsuit, Curatola worked as an optometric physician at the multiclinic practice for 5 years and received positive performance reviews that called her an "outstanding," "detail oriented," and "caring physician" who goes "the extra mile to show kindness and compassion." She was not given any warnings outside of a written reminder in 2019 "counseling her to work on interpersonal communication with staff."
In 2022, the suit says, she and others objected to a new wage scale for optometrists and "helped lead the push for fair and equitable compensation." She also asked for a raise based on her previous experience and asked for the reasoning behind her pay.
Curatola wasn't available for comment, but she told The (Everett) Daily Herald newspaper that "I wasn't shy about voicing concerns. It felt like I always had a target on my back for being this assertive female employee who was voicing concerns about the work environment and the lack of resources and wages."
In 2022, Curatola took 18 weeks of unpaid maternity leave and arranged for accommodations upon her return: breast-pumping breaks, 1 day a week off for 2 months via accrued time off, and a reduced patient load for 1 week, the suit says.
On the day of her return in September 2022, the lawsuit says, she was called to a meeting purportedly about "overpayment of salary during your leave." At the meeting, she was fired.
The practice claimed it fired Curatola owing to her mistreatment of her coworkers, according to the lawsuit.
Bloom, Curatola's attorney, told Medscape Medical News that although the suit relies on Washington state law, similar regulations against gender discrimination — including pregnancy-based actions — and workplace retaliation are standard across the country. Federal law also bans gender discrimination and workplace retaliation, she said.
In this case, Bloom said, the practice's claim that Curatola mistreated coworkers is belied by the fact that Curatola's coworkers were "shocked…and sent message after message to her of dismay."
Bloom noted that in employment lawsuits, "you need to show that it's more likely than somebody's sex or pregnancy or race was a substantial factor" in a firing. However, "it doesn't need to be the only or main factor."
She added that "it really just comes to collecting all the evidence…you have a person with a strong performance history, who was respected and appreciated in her job and beloved by her patients for years. She goes out on maternity leave and asks for accommodations when she comes back, and she is suddenly [fired]. The optics are not good."
Curatola is now working at another job in the same field, Bloom said. Curatola's LinkedIn page says she has worked for Kaiser Permanente since 2023. According to Bloom, the lawsuit is scheduled to go to trial in 2025.
Randy Dotinga is an independent medical journalist and board member of the Association of Health Care Journalists.