Former prison guard files lawsuit alleging civil rights and ADA violations

A former correctional officer for the Leavenworth Detention Center has filed a lawsuit against the center’s owner for alleged violations of the Civil Rights Act and the Americans with Disabilities Act that occurred while she was pregnant.

In the lawsuit filed in Kansas City, Kan., federal court this week, Demonae Serial-Starks said she was working as a guard for the Corrections Corporation of America, which operates the detention center for the federal government, when she learned that she was pregnant.

Because of her condition, the lawsuit claims, CCA employees intentionally discriminated against her.

Her supervisors and co-workers “made Serial’s working conditions intolerable,” her attorney, Ryan L. McClelland, claimed in the lawsuit.

Officials from CCA did not respond to questions submitted via email this week from the Lawrence-Journal World.

Serial is now 29 and is living in Arkansas, the lawsuit said.

In 2013, after informing her supervisors that her doctor said she should only perform light-duty assignments because of a high-risk pregnancy and should stay away from Mace (a brand of pepper spray), Serial claims she was forced to work more difficult jobs. In addition, she was not provided reasonable accommodations, including frequent bathroom breaks, the lawsuit said.

One time, according to the lawsuit, she was forced to stay in the control unit for three hours after she told her supervisor she needed to use the restroom. She was allegedly told that no other officers were available to relieve her. After she was released from the “bubble,” as the control unit is called, she urinated on herself as she was trying to get to the restroom, according to the lawsuit.

The lawsuit claims that Serial was finally told to take family leave early because she was pregnant and could not work in the main prison area among the inmates; however, less than one week after the baby was born, the human resources manager allegedly called her and said her family leave had expired and that she had to return immediately to work. CCA, the lawsuit said, refused to extend the family leave.

She resigned, explaining to the manager that she could not return to work in a hostile environment, the lawsuit said.

After quitting, she filed complaints with the Equal Employment Opportunity Commission.

In March, the EEOC issued Serial two Notices of Right To Sue for civil rights and discrimination based on disability violations.