Pregnancy Discrimination

gkyoon · January 2011

So... I've been with my current employer part time for about 2 years & they are firing me because I'm pregnant!

I always had a full time job then took on a part time for extra money. I've been faithful and busted my ass off for these people. I lost my full time job & solely relied on my waitressing job as my only income & they have the nerve to fire me.

Right when I was barely 8 weeks pregnant they started cutting my hours. It went from 28.5 to 24 to now 10 hours a week! I had night shifts before so I made really good money & now they give me 10 hours for lunch & if I'm lucky I make $10 in tips. So ridiculous right?

I barely started showing at 6 months & my manager basically told me that me being pregnant is bad for business and customers won't like it and telling me to suck in my stomach!

I'm already working with a lawyer. I just couldn't believe they would do this! I'm so outraged he would even say those things to me. I could still work & I do work hard & I should be working till at least March.

Are any of you waitresses with this situation?

Mommy Jess · January 2011

I am not a waitress but I do know that you can not loose your job for being prego!! I would def be talking with your lawyer!! That is BS!!

OrangeSmoke · January 2011

I waited tables in High School and I distinctly remembering working with a pregnant woman until her 9th month.

Sue their pants off;

Mominator · January 2011

Whoa! That is awful. Good for you for talking to a lawyer, them firing you is absolutely discrimination and unacceptable. I have been a waitress off and on for many years and had a job once tell me that I "need to make a choice, be pregnant or work [here]". I chose being pregnant. I was only 19 y/o at the time and wish I had known that what they did to me was illegal. Good for you for standing up for yourself. I am not a litigious person, but this really ticks me off, I hope you sue the pants off of them.

Katie829 · January 2011

What was his exact reason for your dismissal? You said basically it's not good for business. But how did he say that.

ar78 · January 2011

Oh honey. You have this lawsuit in the bag!

JLS0320 · January 2011

I am so sorry they are doing that to you. Get 'em girl!

backinpgh · January 2011

Well sounds like they are going to learn about the law the hard way!

vmm0016 · January 2011

Good luck, I a got fired because I got hit by a car and was unable to work. I hired a lawyer and the company won because Colorado is an at will state. It was over a year and I got nothing.

backinpgh · January 2011

There's a big difference between being in a car accident and being pregnant. A pregnant person is part of a protected class. As long as you are able to continuing working your job, they cannot fire you, whether it's an at-will state or not.They also can't fire you for being black or for being Catholic. At-will states still have to abide by federal law. Being injured or disabled is a totally different ball game. In order to be protected, you have to still be able to perform your essential duties. If you can't come to work at all, you aren't performing your essential duties. If you are a pilot and you become blind in an accident, they don't have to let you continue working as a pilot.

ShufflerChick · January 2011

Just a word of caution: they can't fire you because you're pregnant, but they can come up with a host of other "reasons" if they are so inclined. You have to have proof that they are firing specifically because of your pregnancy. That said, document everything, in writing, including their comments about your pregnancy being bad for business. Good luck. It is so sad that this kind of thing still happens.

KAK ;-> · January 2011

I've worked in many places as a waitress/bartender/manager and unfortunately, it happens. I'd fight it. You need to make sure you have everything documented.

Have you tried talking with them about it? I have worked places where they have asked pregnant women at the end of pregnancy to hostess but it was for safety because of the slippery floors.

gkyoon · February 2011

katiebabie1110:
What was his exact reason for your dismissal? You said basically it's not good for business. But how did he say that.

He would tell me to suck in my stomach all the time & he said customers don't like seeing a pregnant waitress and it's bad for business and the restaurant will lose money! I guess because they won't want to order stuff? (How the heck do I know what he's thinking?) He told me he's never seen a pregnant waitress when he goes out to eat.

gkyoon · February 2011

Yes, I have things documented. The proof is also in my timecards because as soon as they found out I was expecting they cut my hours down dramatically. Also, I was told a new waitress would be training and taking over my hours which didn't happen. They gave my schedule to the current waitresses.

I also never got scheduled breaks or lunches & sometimes couldn't even use the restroom for hours! That's another illegal thing they did.

Thanks Ladies for your replies. I felt so hurt because supposedly we were like "family." I really gave everything for this restaurant & for them to treat me like this was hurtful & unlawful.

They should know better than to treat people like this. I'm assuming because their other employees are more "Korean-ized" and some get paid under the table they could get away with it, but not me! I got paid checks, pay my taxes & was born in America.

Sad that race has a part of this. I want them to learn their lesson & know that we live in America & not a foreign country where their laws or cultures are different!

komurphy · February 2011

Good luck with this. It's totally illegal.

I'm 6 months pregnant with twins and a bartender at "neighborhood tavern." I was so afraid to tell my boss that I was pregnant fearing he'd fire me for the reason's you're boss cited. Luckily, my boss could not have been more supportive. He's even hired a barback (which we didn't have before my pregnancy) so I won't have to carry cases of beer or change kegs.

I asked him out of curiosity the other night if he'd seen a change in business since I started showing. He said he hasn't seen any change and has noticed that the bar customers are less roughty.

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