Kristie Small found out she was pregnant in 2018, while working for Texas Rep. Henry Cuellar as his acting chief of staff. But Small said when she requested maternity leave from the Democrat, she was instead fired.
Small ended up filing a lawsuit against Cuellar, saying his actions were a violation of the Congressional Accountability Act.
In 2019, Roll Call wrote about Small's lawsuit, noting that Small said she was working 10-hour days as acting chief of staff, sending Cuellar daily status reports on her work. On August 8, Small sent Cuellar an email informing him she was pregnant and wanted to take maternity leave.
Cuellar responded by telling Small, who had been hired in June 2018, that her employment was contingent on a 90-day "probationary period" for new hires. In mid-September, Small met with Cuellar for a performance review, and he extended her probationary period by another 30 days. In October, Small was fired for "a failure to perform her duties."
In 2018, Small filed a complaint with the Congressional Office of Compliance, claiming Cuellar fired her for being pregnant. According to The Texas Tribune, Small said, "I knew I was doing an excellent job. All of this started happening in response to my maternity-leave email. It’s 100 percent clear to me that had I not been pregnant, I would still be in this job."
Small dismissed work-related issues were the cause of her filing. She'd worked for more than a decade as an aide to Rep. Robert A. Brady (D-PA) both in his personal office and as a staffer on the House Administration Committee
Cuellar's office released a statement defending Small's firing.
"The Office of Representative Cuellar considers internal personnel matters confidential and will not comment publicly on Ms. Small’s allegations at this time," the statement said. "Except to say that the office values its employees and conducts all personnel matters in compliance with the Congressional Accountability Act and applicable House Rules. All actions taken with respect to Ms. Small’s employment were in compliance with the law and House Rules."
Sadly, two weeks after being terminated, Small suffered a stillbirth and filed a suit in May 2019. It took time to file the lawsuit because Small was required to undergo a "lengthy counseling and mediation process with Cuellar's office" before being permitted to file. That lawsuit said Cuellar's wrongful termination had a "devastating impact" on Small, citing the stillbirth.
In her suit, Small demanded a jury trial. Cuellar asked for the suit to be tossed, but in 2020 a judge declined to toss the case, pointing out "Cuellar had solicited statements from other members of his staff about Small’s performance only after he fired her, and that some of those statements were filed only after Small sued," per the Houston Chronicle. The judge also noted unequal application of the 90-day probation period, and Small's suit said other staffers in Cuellar's office were unaware of the policy, which wasn't put in the employee handbook until 2019, months after Small was fired.
In 2021, Small and Cuellar reached a settlement in the lawsuit. The terms of the settlement were not made public. With Cuellar facing reelection in November, we should revisit this lawsuit and how Cuellar treated a pregnant staffer.
Townhall has reached out to Cuellar's office for comment and is awaiting a response. But voters in TX-28 deserve a Congressman who treats his staffers with respect.
"Heartless Henry Cuellar is a self-serving disgrace who treated a pregnant working mother as disposable and still has the nerve to ask South Texas to save his career," said NRCC Spokesman Christian Martinez. "Texans should hand this shameless, corrupt career politician the pink slip he deserves."
Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.
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