Whistleblower fired after refusing to fire pregnant worker. She’s now suing a state agency

Emalyn Muzzy
·2 min read
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A former employee is suing the South Carolina Department of Mental Health after she was allegedly fired in retaliation for not terminating a pregnant employee and an older employee, according to a court complaint.

Ann O’Connor, who lives in Horry County, worked as a human resources coordinator for the department from September 2019 to February 2023. The court complaint, filed by Wigger Law Firm, said she was a wrongfully discharged and her termination violated the South Carolina Whistleblower Protection Act.

During her time of employment, O’Connor’s supervisors, Jackie Brown and Ron Crites, asked her to terminate employees for illegal reasons, the suit said.

Brown and Crites are still employed at the Waccamaw Center of Mental Health, according to Tracy LaPointe, director of public information for the SC Department of Mental Health. The department does not speak about pending litigation, LaPointe said.

One of the incidents is alleged to have happened when O’Connor’s supervisor hired a woman who he did not realize was pregnant. After finding this out, he directed O’Connor to terminate the pregnant employee because “she was pregnant and he would not accommodate her,” the suit said.

In another instance, a supervisor asked O’Connor to fire an employee who was in his late 60s because he was too old. South Carolina law forbids employers from discriminating against employees for being pregnant or because of age.

O’Connor refused to terminate those employees and filed reports about how she was asked to fire people for illegal reasons, the suit said. After this, O’Connor’s supervisors retaliated by not giving O’Connor a promotion, denying time off that she had accrued and referring to her in derogatory terms. The lawsuit did not say what derogatory terms were used.

On Feb. 1, 2023, O’Connor was terminated from the SC Department of Mental Health. The lawsuit states this was a “direct result” from the complaints she made about her employer’s illegal directions and the following retaliation.

O’Connor is suing for wrongful termination and for violations to the South Carolina Whistleblower Protection Act, which protects employees who report wrongdoing.

O’Connor is requesting judgment on damages, lost work benefits, lost wages and attorneys’ fees.