I Got Fired! Is this Pregnancy Discrimination?
I work in a Assisted Living Center, basically the residents take care of themselves with minimal assistance. Out of the 67 people that live there 2 of them need full assistance, which would require them to be in a nursing home. State law states that we should be using lifts to get them up and around, we have NO LIFTS because it is assisted living. They told me yesterday, after i’ve been working there 4 months and i’m 6months pregnant that I had to have a release to work so I got one today that said I have to have assistance lifting more than 25lbs. This means when helping those 2 elderly woman, out of 67 I would have to have help, which I always have help anyhow because NO ONE will lift them alone. Because of this, I got fired. My point is that because it is assisted living these 2 women should not even be there, by state law they should be in a nursing home but then the place will lose 7,000.00 a month and because of that they fired me. Is this discrimination? What should I do? I’m 6months pregnant with no financial help, i’ve been doing it all on my own and no one will hire someone who’s about to have a baby……
They knew I was pregnant when they hired me, therefore they can’t use that as an excuse. And because it’s an assisted living center by state law there should be NO LIFTING at all, and since there is they are not in compliance with state law. No one will lift the 2 ladies by themselves, which means everyone should have been fired. My release said I had to have assistance, not that i couldn’t perform my job duties.
Thanks for all your answers, very helpful
That is straight up pregnancy discrimination. Here is what the law says:
Pregnancy Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.
http://www.eeoc.gov/laws/types/pregnancy.cfm
You must document everything that happened. Click here to learn how to document problems at work.
You need to file a claim with the EEOC http://www.eeoc.gov/employees/howtofile.cfm
I would also suggest getting a consultation with an attorney. Click here to find an employment law attorney in your area.