Medical Resident Who Was Fired on Maternity Leave Wins $10M Lawsuit

A Genesee County jury has awarded more than $10 million to a former OB/GYN medical resident who was fired from her hospital residency program after being required to take a licensing exam while on maternity leave. The verdict against Ascension Genesys Hospital in Grand Blanc, Michigan, is drawing national attention and raising urgent questions about workplace protections for healthcare workers who become parents.

Nicole Walker, DO, was a second-year resident in the hospital's OB/GYN Postgraduate Residency Program when she was terminated on April 16, 2021. According to court filings, the hospital required her to pass the COMLEX Level 3 exam by December 2020, but COVID-19 testing restrictions delayed her first attempt until September 2020, which she did not pass. Walker began FMLA leave on December 7, 2020, and gave birth to her son the following day.

Despite being on job-protected maternity leave, Walker took the exam again in late January 2021 and learned in late March that she had not passed. The hospital terminated her the following month. When she passed the exam in June 2021, after having adequate time to prepare, Ascension Genesys refused to reinstate her.

What the Lawsuit Alleged

Walker's legal team, led by attorneys from Morgan & Morgan, argued that her firing "clearly had nothing to do with her performance and everything to do with her upcoming maternity leave...and the birth of her son." The complaint described Walker as a high-performing resident with strong evaluations. One associate program director reportedly called her "incredibly talented" and skilled at managing high-risk patients.

The lawsuit also alleged that the residency program refused to provide Walker with probation, remediation, or other assistance, even though those options were offered to other non-pregnant residents who failed the same exam. According to the filing, one physician told Walker she should consider other career avenues since "being a mother made it difficult for her to devote time to the program."

The case was heard by Judge Mark Latchana in the Seventh Judicial Circuit Court for the County of Genesee (Case No. 2023-119894-CZ). After a two-and-a-half-week trial, the jury returned a verdict of $10,034,951 in damages covering future lost earnings as a physician and pain and suffering.

>>Listen to The Latest Nurse News Podcast

Hospital Ownership Has Since Changed

It is worth noting that all of the events in this case occurred under Ascension's management. In 2024, Ascension Michigan merged with Detroit-based Henry Ford Health, and the facility has since been renamed Henry Ford Genesys Hospital. The current ownership was not involved in the alleged conduct.

Morgan & Morgan founder John Morgan said in a statement: "This case involved a clear violation of an employee's rights under discrimination laws in Michigan."

Walker's attorneys included Michael Hanna, Gregory Schmitz, Jolie Pavlos, and Ryan Morgan. The hospital was represented by attorneys Allan Rubin, Kevin Littlejohn, and Kate Kennedy of Jackson Lewis, P.C.

The verdict may not be the final word. A judge must still enter formal judgment, and post-trial motions or an appeal could affect the final award.

A Growing Pattern of Maternity Leave Retaliation in Healthcare

Walker's case is not an isolated incident. In December 2025, a jury awarded $4.4 million to Andrea Avellan, DO, a Texas third-year internal medicine resident who alleged she was placed on a performance improvement plan after announcing her pregnancy.

In 2022, the Accreditation Council for Graduate Medical Education implemented minimum requirements for paid parental leave, requiring programs to provide residents and fellows with at least six weeks of paid leave for medical, parental, or caregiver duties. Despite these policy advances, cases like Walker's suggest enforcement gaps persist.

What Nurses Need to Know

While this case involves a medical resident rather than a registered nurse, the legal protections at its core apply broadly across healthcare. The Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of job-protected leave for the birth of a child, and Michigan's Elliott-Larsen Civil Rights Act prohibits employment discrimination based on sex, which courts have interpreted to include pregnancy.

For nurses, the takeaway is clear: if you are asked to meet work-related deadlines, take exams, or fulfill professional requirements during protected maternity leave, that could be a violation of your rights. Walker's case also highlights the importance of documenting everything, including requests for accommodations and any denials, and understanding that remediation options available to other employees should also be available to you.

The $10 million verdict sends a strong signal that juries take these protections seriously. If you believe you have been retaliated against for taking maternity leave, consulting an employment attorney may be an important first step.

🤔 Have you ever felt pressured to meet work requirements during maternity leave or other protected leave? How did your employer handle it? Share your experience in the comments.