A Black former children’s social worker for the Los Angeles County Department of Children and Family Services has reached a tentative settlement in her lawsuit in which she alleged she was forced to resign in 2022 because of intolerable work conditions that included being called back to the office while pregnant and sick with the coronavirus.
Darian Askew maintained in her Los Angeles Superior Court racial and pregnancy discrimination suit that the DCFS denied her request to work from home while pregnant, resulting in her contracting long COVID, suffering panic attacks and developing a condition that resulted in her baby being born smaller than normal.
On Friday, the 31-year-old Askew’s lawyers filed court papers with Judge Joseph Lipner notifying him of a “conditional” resolution of the case with the expectation a request for dismissal will be filed by April 15. No terms were revealed and it was not immediately clear final approval is up to the Board of Supervisors.
In their previous court papers, county attorneys denied Askew’s allegations and cited multiple defenses, including that Askew failed to take advantage of procedures that would have prevented at least some of the harm that Askew alleged she suffered.
According to Askew’s suit, she was hired in November 2019 as a children’s social worker. She became pregnant her first year on the job, went on maternity leave after her child was born and returned in 2021 as a “mobile” worker who also was assigned a new boss who, unlike the sympathetic previous supervisor she had, was constantly monitoring the plaintiff, the suit states.
“She was constantly afraid and hypervigilant at work, she could not relax or feel comfortable,” the suit brought in May 2023 stated.
When Askew became pregnant again in late 2021, the supervisor asked if she would be placed on work restrictions by her doctor, but did not hold a baby shower as she had for a non-Black worker who also was expecting, the suit states.
Askew, who also was concerned about being infected with the coronavirus, suffered a panic attack because of her boss’ persistent alleged mistreatment of her and the plaintiff’s therapist placed her on leave, the suit states.
The boss later reprimanded Askew for having the panic attack and taking time off, the suit further alleges. Askew, while pregnant, acquired the coronavirus in January 2022 and isolated at home, the suit states.
A month after becoming sick with the virus, Askew was told by her supervisor to return to the office “full duty” a month later, according to the suit, which further states that although the plaintiff recovered, she later was diagnosed with “long Covid.”
Askew also had bouts with vertigo during her second pregnancy, according to her complaint. Her baby girl was born “exceedingly small” at 38 weeks in May 2022, the suit states. Askew resigned three months later because of the allegedly intolerable workplace environment, the suit states.
Had Askew not been targeted a work for “harsh and unlawful treatment at every turn,” she would have had a normal delivery, according to her suit.