Walmart At It Again: Pregnancy Discrimination
My wife has been an employee of walmart for about 5 months now, 3 of which walmart knew she was pregnant. She asked her manager about a month ago to look for a different position for her since the OB said she needed to go on weight restriction soon. We thought by soon they meant a couple of months well at her OB visit they put her on 15lb weight restriction. Which is normal, I guess, since she is 20 weeks along and a high-risk pregnancy.
We didn’t think anything of it since at the store she works in the cashiers use hand scanners for heavy items since their belts won’t hold the weight anyway. The entire time she has worked there never had to lift anything over 10lbs anyway. Well we got proven wrong pretty fast. We dropped of the note from the doctor and she immediately got laid off. They didn’t tell her she was fired but were nice enough to inform her she may not have a job to come back too.
I just don’t get it, other employees can go on light duty. They have one girl there a month from her due date on the same restrictions. My wife has had great reviews and always been a hard worker so I can’t figure it out. Could really use some advice we have no idea what to do next.
They weren’t doing any layoffs she was the only one. Plus the manager came right out and said your pregnant and on restrictions so you can’t work. There where about 5 employees in the room but management makes a big deal about getting fired if you speak out against the company. I’m pretty sure whistle blower laws would protect them but they are afraid for their jobs.
Oh and I almost forgot they also told her that for her to continue to work there to ignore the doctor and just lift it, thus putting our baby at risk.
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8 Responses to Walmart At It Again: Pregnancy Discrimination
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@April, a leave of absence is not the same time off with a pregnancy. Pregnancy is treated as a short-term disability and disability laws apply.
Check ur walmart hand books. Im in the same position but i am not loosing my job because i have been with the company a yr. In order for you to go on a loa and keep ur job is to be there for a yr then they can only keep ur position for 12 weeks. If you have short term or ond term disability on ur insurance they have to hold ur job for a yr but u loose ur position and ha e to take what is availble. If u have only been there less then a yr then ur
basically screwed
They just did the same thing to my soon to be daughter-in-law. She was told to bring in a note that she is not to lift over 20 pounds by her immediate supervisor. Upon doing so, they told her she has to take personal leave for medical reasons effective immediately. Now they tell her that if she hadn’t brought in the note they could have worked around it but since note is on file she has to take leave. It is almost Christmas and they cannot live on what my son makes alone. They will probably get evicted over this. She is 27 weeks and not due until March. No way to draw unemployment, get another job, etc… How is this not discrimination? I looked it up and sadlly the law sides with Wal-Mart.
If any of you are in Missouri, would love to hear from you as potential witnesses in a case I have pending right now against WM on this very issue. Call, email or write.
I agree you should definitely consult an attorney. It will also depend if your state is an at will state and whether there are any legitamate grievances. The good news is a lot of attorneys will give a free consultation.
@Anna, that’s total bullshit. It’s a FEDERAL law, not a state. DO NOT let Walmart get away with it. Who ever told you that should be fired on the spot. Was it an HR person? File a claim with the EEOC IMMEDIATELY. I’ve given you the link below. The EEOC HATES Walmart. They are constantly pulling crap like this.
Read these page from the EEOC site:
http://www.eeoc.gov/laws/types/pregnancy.cfm
http://www.eeoc.gov/facts/fs-preg.html
http://www.eeoc.gov/laws/practices/index.cfm read the part about accommodation.
Here’s what you need to do ASAP, document it all and file a claim with the EEOC. http://www.eeoc.gov/employees/howtofile.cfm
Click here to learn how to document problems at work. (free download)
Click here if you need to find an employment law attorney in your area.
I am having a similar problem at walmart. i’ve been there for a few months now and told them about the pregnancy when i first got hired. My doctor recently wrote that I cannot lift over 30 pounds. I work out in lawn and garden. I was told because pregnancy isn’t viewed as a disability in the state of PA that I can not be accomodated and have to go on a leave. I still have 12 weeks until my little girl is due and the leave only allows up to 12 weeks. I know others who aren’t pregnant with weight restrictions just got transferred up to cashier or another lighter duty job. Now i’m frustrated because i’m a single parent and have no income for the next few months to prepare for my baby.
Walmart has a corporate culture of discrimination. That’s just the way their back-woods hick management rolls. Your wife needs to document how it all went down and then file a claim with the EEOC ASAP.
Click here to learn how to document problems at work.
Click here to learn how to file a claim with the EEOC. After they investigate and she gets the right to sue from them, click here to find a good employment law attorney.
Walmart is constantly in trouble with the EEOC for a variety of discrimination problems.