A woman is suing a faith-based Pomona nonprofit, alleging she was wrongfully terminated for complaining about what she believed was a lax masking policy during the early 2022 stage of the coronavirus pandemic.
Elizabeth Cowan Hawisher’s Los Angeles Superior Court lawsuit also alleges retaliation, disability discrimination, failure to accommodate and engage in the interactive process, failure to prevent discrimination and violations of the state Labor Code. Hawisher, 39, seeks unspecified compensatory and punitive damages.
A Pomona Hope representative did not immediately reply to a request for comment on the suit brought Thursday. The organization’s website says Pomona Hope is a community group “dedicated to working in partnership with people of all backgrounds to strengthen Pomona’s children, families and neighborhoods.”
Hawisher was hired as a volunteer coordinator in May 2012 and was later promoted to program director. In March 2022, Pomona Hope’s executive director announced at a staff meeting that he was thinking about an optional masking policy for Pomona Hope’s staff and students the organization served, the suit states.
“Ms. Hawisher expressed that she was adamantly against lifting the mandatory masking policy because doing so would be unsafe for everyone including both the staff and students,” according to the suit, which further states that a compromise was reached allowing students to be unmasked only while outdoors.
However, the executive director brought up the masking subject again later that same month and the plaintiff once more expressed her opposition, the suit states. Hawisher also told the executive director that only 30% of the children in Pomona were vaccinated and suggested that he get input from families of children serviced by Pomona Hope to gather their input into the masking policy, the suit states.
But the executive director ended the discussion and said a voluntary masking policy would begin soon, prompting Hawisher to complain to the Pomona Hope Board of Directors about her concerns for staff, families and children while also informing them of the stress the issue had caused her, the suit states.
The board members told Hawisher they did not have the authority to reverse the executive director’ decision, but said they would open a grievance on her behalf and gave the plaintiff three days off, the suit states.
At one point the executive director “begrudgingly” said he would reinstate the mandatory masking policy and a hearing on her grievance took place in May 2022, when Hawisher told the executive director and the board member present that she had been having panic attacks for two months and was having another one just as they were meeting, the suit states.
The session nonetheless continued and the executive director told Hawisher that the entire board felt she was being unreasonable in her demands for a mandatory masking policy, according to the suit, which also states the board member agreed to purchase air filters for all classrooms.
At the recommendation of her therapist, Hawisher began a medical leave in June 2022 in which she later told Pomona Hope her doctor would evaluate monthly concerning her return date, the suit states. The executive director emailed Hawisher three months later that she was required to come back in about another two weeks, even though her doctor by that time had extended her time off by another month, the suit states.
The executive director responded that Hawisher by telling her that her services “were no longer required at Pomona Hope because she was unable to report to work after 12 weeks of leave, thereby terminating her employment,” the suit states.
Since losing her job, Hawisher has suffered severe mental anguish and emotional distress as well as a loss of wages and self-esteem, the suit states.