Pregnancy Disrimination? Managers Will Not Give Me Light Duty
I work for a big corporation. I am a full time employee. I unload trucks. I am 2-3 months pregnant. My Dr wrote a note stating that I cannot lift more than 15 pounds. My job code states I must be able to lift 50+. I was pulled into the office a few days ago with the managers and told that pregnancy is not a disability and that I need to do my job. My direct supervisor understood my decision for not pulling pallets of liquid stacked 10 ft high, weighing 1 ton or more. He was willing to work with me, so I didn’t have to pull heavy pallets/ carts or other unsuitable tasks. The upper management team and human resources told me that I needed to fill out an American Disability Act request form, so that they could accommodate me in the position. The HR manager told me straight up that there is no way to accommodate me in that position (even though there are tasks that are required of the team that are light duty) and that I would probably be terminated within 30 days. Or if my Dr filled out a Leave of Absence packet, that I could start disability. Supposedly there are no other available positions within the store that have a weight limit of 15 or less pounds.
What is your opinion of this situation?
The company has thousands of employees.
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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.
http://eeoc.gov/laws/types/pregnancy.cfm I would print that page out and march it straight to the HR office.
Click here to get a free consultation with a disability attorney.
DOCUMENT WHAT WAS SAID and who said it. This is free: “10 Things That Managers Do To Get Sued…And Lose In Court” If they straight up told you that you were going to be terminated within 30 days BECAUSE YOU ARE PREGNANT, you better document it all and prepare for a battle.
Here is another thing you need to document. How your relationship and work history was BEFORE you told them you were pregant and how it turned after you told them you were pregnant. So as not to appear as pregnancy discrimination, these @ssholes with “paper your employee file” with meritless claims of insubordination and not doing this, that or the other thing right JUST to back up their claim that you were rightfully fired. You need to document all of it. All that nit picking right before they let you go is a gigantic red flag to the EEOC and the courts.
These types of companies are getting sued due to pregnancy discrimination. Check out just a few of these press releases.
Frankfort Restaurant Settles EEOC Pregnancy Discrimination Lawsuit
http://www.eeoc.gov/eeoc/newsroom/release/4-18-11.cfm
Indianapolis Bar Fired Bartender/Server Because She Was Pregnant, Federal Agency Charged
http://www.eeoc.gov/eeoc/newsroom/release/3-21-11.cfm
Employee Fired When Her Pregnancy Became Known to Company, EEOC Charged
http://www.eeoc.gov/eeoc/newsroom/release/3-15-11.cfm