Is this Pregnancy Discrimination?

HaydensMom612 · April 2015

HI mommies! Just to keep it brief, I was told by my manager, that if I can't work my assigned station (or given tasks) then I simply can't come in to work. Even if someone says that they will work that station for me, and I just work theirs. This is even with, Dr's notes Stating my limitations and restrictions.

Do you think I am being discriminated against?Is it fair to tell me I can't come in?

jessieR358 · April 2015

I know by law they have to treat you the same as if you weren't pregnant. If they accommodate an employee on light duty then they have to accommodate you as well. There was just a big lawsuit with UPS regarding pregnancy discrimination I saw in the news.

Kresla · April 2015

She is right. A company must treat you like any other employee with restrictions due to short term disability. However, also know that if accommodations are needed, they must be provided so long as it doesn't pose undo hardship to the company. You have figured out an easy accommodation that should work. Talk with your HR department. Don't engage with your boss further on the matter.

RandAllie1823 · April 2015

Absolutely this is. And I agree with @Kresla, don't speak to your boss on it further, go to HR. Your boss has made their feelings clear, so if there is an alternate option that you can and have worked out it should be able to be cleared.

https://www.eeoc.gov/eeoc/publications/fs-preg.cfm <-- More details on preg discrimination

HaydensMom612 · April 2015

Thanks! I do know that they are supposed to treat me the Same, however, if someone is willing to switch at will it just doesn't make sense. I think the reason being is that previously a co worker of mine was put on light duty due to an injury and my boss didn't honor her Dr's note,So my boss is afraid that if she accommodates me then my coworker could have a lawsuit.

allicat300 · April 2015

And with all of that if they cannot accomodate (like my work) they can put you on leave claiming they cant accomodate. I quickly got another note restating but they ate up two weeks of mh FMLA due to my doctor wanting me on a restricted schedule

laurendutch · April 2015

Sounds like he could have 2 lawsuits on his hands!

KaLikeAWind · April 2015

Also agree with @Kresla - I think they have to accommodate you as long as it doesn't cause 'undue hardship'. Since you have worked out a plan to have your station covered, they shouldn't have any hardship. If they won't do it because they are afraid that other person will sue, then I agree with @laurendutch - it sounds like they will have two suits on their hands, both of which sound valid to me (a completely non-legal Jill Schmoe)

taboullio84 · April 2015

I agree with the others.. You need to go to the HR department.

KonaCoffeeBean · April 2015

How large is your employer? PDA does not apply to companies with less than 15 individuals.

HaydensMom612 · April 2015

Thanks everyone for your suggestions and input!

@KonaCoffeeBean Its a large company.

jesscmv · April 2015

HaydensMom612 said:
Thanks! I do know that they are supposed to treat me the Same, however, if someone is willing to switch at will it just doesn't make sense. I think the reason being is that previously a co worker of mine was put on light duty due to an injury and my boss didn't honor her Dr's note,So my boss is afraid that if she accommodates me then my coworker could have a lawsuit.

At my work they only have to accommodate light duty if the injury happened at work. Pregnancy is a whole different ball game and they have to being willing to work with you.

Kbchavez23 · April 2015

Just to spin off of this question...what if your boss is HR?

sashshak · April 2015

WoW what piece of shit boss. I hope you can sue the shit out of them. Inconsiderate bastards.

Frogger5 · April 2015

Kbchavez23 said:
Just to spin off of this question...what if your boss is HR?

That is a very interesting question! I don't really have an answer, but I guess I'd do more of my own research instead of just going to HR to ask. Like find your employee manual, look up your state's labor laws, and if your boss has someone above her, go to that person.

Melindafuller34 · April 2015

I understand what your going through I'm 32weeks & my coworkers have been helping me cause my job is real strainuos. But supervisors and managers have been telling them not to help me. And they give me a ugly look when they see me sitting down and it's not my break time. So I decided to go on maternity leave early even tho I need the money!! So I won't get fired or get anyone else fired smh

Kbchavez23 · April 2015

Melindafuller34 said:
I understand what your going through I'm 32weeks & my coworkers have been helping me cause my job is real strainuos. But supervisors and managers have been telling them not to help me. And they give me a ugly look when they see me sitting down and it's not my break time. So I decided to go on maternity leave early even tho I need the money!! So I won't get fired or get anyone else fired smh

I am in a similar situation. Thinking of going early as well just to not deal with it and I don't need the stress. But I know financially I will struggle. When are you going on leave?

Kbchavez23 · April 2015

Frogger5 said:

Kbchavez23 said:
Just to spin off of this question...what if your boss is HR?
That is a very interesting question! I don't really have an answer, but I guess I'd do more of my own research instead of just going to HR to ask. Like find your employee manual, look up your state's labor laws, and if your boss has someone above her, go to that person.

Yeah I've been doing my own research but it's kind of hard. And the lady above her is our owner and we "are not supposed to bother her."

Frogger5 · April 2015

Kbchavez23 said:

Frogger5 said:

Kbchavez23 said:
Just to spin off of this question...what if your boss is HR?
That is a very interesting question! I don't really have an answer, but I guess I'd do more of my own research instead of just going to HR to ask. Like find your employee manual, look up your state's labor laws, and if your boss has someone above her, go to that person.
Yeah I've been doing my own research but it's kind of hard. And the lady above her is our owner and we "are not supposed to bother her."

I don't know what kind of company you work at, but is there a boss type or manager not in HR that you could approach? Otherwise I guess I'd say to my boss, "listen, these are the things I'm not comfortable with, if you don't work with me on this, I'm going to your boss." If it's really that big of a deal, she wouldn't be "bothered," she'd be doing her job when the people who are supposed to do theirs aren't. Obviously there are lots of details that make a big difference here, but don't let your company walk all over you! Don't let them convince you there's nothing you can do.

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