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Family July 2, 2020

Mom alleges in lawsuit she was fired for not keeping kids quiet while working from home

WATCH: Mom says she was fired over her kids being heard on conference calls

A California mother who was working from home amid the COVID-19 pandemic said she was let go from her job over her kids being noisy while she was on work calls.

Drisana Rios, an insurance account executive, is now suing her former employer for gender discrimination and wrongful termination.

"He said, 'The kids could be heard on business calls with clients. It's unprofessional,'" Rios of San Diego, told "Good Morning America."

In the complaint, Rios, mom to a 4-year-old and an infant, alleges coronavirus closures left her with no child care options. She said she was juggling children's lunches, nursing and nap schedules while trying to work at the same time.

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Rios also claims in the lawsuit even though she told her boss her schedule allowed for afternoon calls, her boss continued scheduling calls during the lunch hour, yet would complain about hearing noise from her kids.

"I'm meeting the deadlines, I'm working so hard," Rios said to "GMA." "There's times when I'm working at night too, to make up for anything that needs to be done for the next day."

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| 28 days ago I finally had enough of the ๐—ฑ๐—ถ๐˜€๐—ฐ๐—ฟ๐—ถ๐—บ๐—ถ๐—ป๐—ฎ๐˜๐—ถ๐—ผ๐—ป that my boss was giving me for him not being okay with hearing my kids in the background on calls.|๐Ÿ˜ญ๐Ÿ˜ก๐Ÿ˜–๐Ÿ’” . He wanted me to figure out a way to keep the kids quiet ๐Ÿ˜ฃ. I went to Human Resources with proof of what was going for the last 3 months and 7 days later AFTER that ๐—œ ๐—ด๐—ผ๐˜ ๐—ณ๐—ถ๐—ฟ๐—ฒ๐—ฑ!!!! ๐Ÿ˜ญ They told me that I should be happy that the outcome to my career there could have been worse. Iโ€™m crying as I type this...๐Ÿ˜ญ I was told I had a bright future. That I was doing very well in my position! ๐Ÿ’”๐Ÿ’”๐Ÿ’”๐Ÿ˜ญ๐Ÿ’”๐Ÿ˜ญ . The last 3 months I have worked around the clock from home while watching my two toddlers๐Ÿ˜ญ. I have met all the deadlines they have asked me for, even the unrealistic ones. The situation that I had endured the last 3 months is beyond stressful๐Ÿ˜ญ. How does a company that says that they understand and will work around the schedule of parents do the complete opposite with their actions? ๐Ÿ˜ญ Iโ€™m devastated. I have poured hours, tears, sweats, delayed giving my child a snack when he wanted one because my boss needed me to do something right away. And what did I get in return? ๐—™๐—œ๐—ฅ๐—˜๐——!!! ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ . They can keep the ๐—ต๐˜‚๐˜€๐—ต money they offered to not bring this up๐Ÿšซ๐Ÿ›‘โœ‹! No working mother should be discriminated against , especially during these times for not being able to keep my ๐Ÿญ ๐˜†๐—ฒ๐—ฎ๐—ฟ ๐—ผ๐—น๐—ฑ ๐—พ๐˜‚๐—ถ๐—ฒ๐˜ for a business call ๐Ÿ˜กFor not being able to turn something around in 5 minutes when my baby wants a snack๐Ÿ˜ก. We are in tough times right now. This situation would have been temporary. None of my clients had issues with my kids in the background. ๐—œ'๐—บ ๐—ด๐—ผ๐—ถ๐—ป๐—ด ๐˜๐—ผ ๐—ณ๐—ถ๐—ด๐—ต๐˜ ๐—ณ๐—ผ๐—ฟ ๐—ฒ๐˜ƒ๐—ฒ๐—ฟ๐˜† ๐—บ๐—ผ๐—บ ๐˜๐—ต๐—ฎ๐˜ ๐—ต๐—ฎ๐˜€ ๐—ด๐—ผ๐—ป๐—ฒ ๐˜๐—ต๐—ฟ๐—ผ๐˜‚๐—ด๐—ต ๐˜๐—ต๐—ถ๐˜€ ! ๐—œ๐˜'๐˜€ ๐—ป๐—ผ๐˜ ๐—ผ๐—ธ๐—ฎ๐˜†!!!๐Ÿ’ช. ITโ€™S NOT OKAY to have to feel that your boss is making you pick your work over your kids during these times!!!๐—œ๐˜'๐˜€ ๐—ก๐—ข๐—ง ๐—ข๐—ž๐—”๐—ฌ!!! #justice

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ABC News reached out to Rios' employer, HUB International, regarding the lawsuit.

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A spokesman said, "While we can't comment on pending litigation, HUB is proud to have successfully transitioned 90% of its 12,000-plus employees to working remotely from home throughout the COVID-19 pandemic.

LinkedIn expert Catherine Fisher said parents may need to renegotiate expectations while working from home without child care.

PHOTO: Drisana Rios works from her California home and alleges she was let go from her job as an insurance account executive because her boss found it "unprofessional" that clients could hear the children on calls.
Good Morning America
Drisana Rios works from her California home and alleges she was let go from her job as an insurance account executive because her boss found it "unprofessional" that clients could hear the children on calls.

"You really want to make sure you're setting yourself up for success by creating those boundaries," Fisher told "GMA." Think through what you need to do to be successful working from home and what your employer needs from you, but also what your family needs. You'd be surprised at how many people on the other end of that computer screen are dealing with the exact same thing."

Becky Worley, ABC News' technology and consumer contributor, said working parents often feel as if they're failing at everything -- especially during the pandemic.

Worley offered a suggestion to mothers and fathers thinking about taking leave.

Working Parents- if your childcare is unavailable and you feel like you "are failing at everything" (something I hear from WFH parents of small kids) think about the family leave options available to you. https://t.co/9a8d1AWYJy

— becky worley (@bworley) July 2, 2020

"The Families First Coronavirus Response Act offers some relief for qualifying employees," she explained.

The act states that a caregiver may take leave "... to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19."

Under the act, qualifying parents could receive full or partial pay for up to 12 weeks.