Pregnancy Discrimination: Got Fired When I Got Out of Hospital
Hello… I just need some opinions… I started a new job and about a week after starting it I found out I was already 8 weeks pregnant… ( I was having negative urine tests)… Anyway… When I was hired I signed the “at will” employee contract… Well about 3 weeks after I started I began having problems with my pregnancy and had to be hospitalized… I missed a total of 5 days work… When I got home they called and said they couldn’t hold my position open anymore… I was terminated… I had doctors notes and everything… Are they allowed to fire me for that?…
I did call a couple attorneys… One said he could help me… The other said there is nothing I can do cause I was an “at will” employee… Who is right?… I didn’t think you could be fired for missing work because of pregnancy… especially with doctors notes… Any advice would be appreciated…
Answer: Was there a probationary period for new hires? Last winter a friend of mine started a new job and he got sick with the flu and was out 5 straight days. He got fired for missing too much work. However, according to the EEOC, there may have been discrimination. You were fired because you missed work and you missed work because of pregnancy complications. Here is what they say:
Pregnancy Discrimination & Temporary Disability
If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her the same as any other temporarily disabled employee. For example, the employer may have to provide modified tasks, alternative assignments, disability leave or unpaid leave. You can read more here: http://eeoc.gov/laws/types/pregnancy.cfm
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