By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On March 17, 2026, a Michigan jury awarded more than $10 million to a former OB-GYN resident physician who alleged she was discriminated against and terminated after being required to take a medical licensing examination while on maternity leave. At the time of her dismissal in April 2021, the plaintiff was a second-year resident at Ascension Genesys Hospital in Grand Blanc, Michigan.
This case highlights the legal protections that may apply to medical residents and other healthcare professionals taking protected family or medical leave. It is exceptionally crucial in highlighting the protections given to graduate medical education (GME) physicians by the law and by accreditation organizations.
Resident Physician Was Required to Take Licensing Exam During Maternity Leave
According to court documents, the hospital required the plaintiff to pass the COMLEX Level 3 exam by December 2020. She initially planned to complete the examination in 2020, but disruptions related to the COVID-19 pandemic affected the testing schedule. After failing her first attempt, she requested additional time to retake the exam, according to the complaint.
The Comprehensive Osteopathic Medical Licensing Examination of the United States (COMPLEX) exam is an examination administered to osteopathic physicians by the National Board of Osteopathic Medical Examiners (NBOME). It is administered in three (3) different stages of graduate medical education.
The resident’s Family and Medical Leave Act (FMLA) leave began on December 7, 2020, and she gave birth the following day. Nevertheless, she alleged that the residency program required her to retake the COMLEX Level 3 in January 2021 while she was still on maternity leave caring for her newborn.
She learned in late March 2021, while still on FMLA leave, that she had not passed the exam. She was terminated by Ascension the following month. According to court records, she later passed the exam in June 2021.
Alleged Pregnancy Discrimination
A significant issue in the plaintiff’s lawsuit involved how the residency program allegedly treated other residents who failed the same examination and how she was treated differently.
She alleged that non-pregnant residents who failed COMLEX Level 3 had previously received probation, remediation, or other assistance that gave them additional opportunities to pass. She claimed that she was not offered similar options. The complaint further claims that program leadership knew she would be on leave when setting exam completion deadlines for her.
Additionally, the lawsuit also alleged that a physician associated with the program suggested that the plaintiff consider other career paths because motherhood made it more difficult for her to devote sufficient time to the residency program.
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. Her attorneys say the case involved “a clear violation of an employee’s rights under discrimination laws in Michigan.”
Contact Health Law Attorneys Experienced in Representing Medical Students, Residents, Fellows, and Other Healthcare Professionals
The Health Law Firm’s attorneys routinely provide legal representation to resident physicians, medical interns and fellows, medical students and other health professional students, nurses, physicians, medical groups, pharmacists, pharmacies, and other health providers. We provide legal representation for resident physicians and fellows in filing grievances and complaints regarding discrimination and in other disputes with their graduate medical education programs. We represent healthcare employers in EEOC complaints, workplace discrimination complaints, and suits involving harassment or discrimination complaints. We provide legal representation in the Department of Health, the Board of Medicine, and the Board of Nursing investigations and complaints in Florida and in other states. We provide litigation services in state and federal courts and state and federal administrative hearings.
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Sources:
Herndon, David. “Former medical resident awarded more than $10 million for being forced to take exam on maternity leave.” Fox 2 Detroit. (March 17, 2026), Web.
Walker, Angelina. “Medical Resident Who Was Fired on Maternity Leave Wins $10M Lawsuit.” Nurse.org. (March 24, 2026). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714. Call (407) 331-6620 or Toll-Free at (888) 331-6620.
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