I’m pregnant and was asked to leave work, is this legal?
I live in Ohio and I work in a distribution center. For the last 2 weeks, I was placed on light duty, which suited my doctor and I fine. On Thursday, I was asked to leave work because my doctors slip that says I cannot lift over 25 pounds because it may cause premature labor was not specific enough. I didn’t think it was more specific than that. I was also told that this was a first time for an employee, so they were not sure how to handle it. But after speaking to the lady that use to HR there for the last 10 years, I found out 2 other women had been pregnant and placed on light duty for the duration of their pregnancies. She told me to look up the pregnancy discrimination act, but my PC is so slow, that when I search, it freezes and shuts down. I would love any kind of help because my bills did not stop, in fact, I have to start paying on my delivery now to have it paid off before the big day!
Answer: Who put you on light duty, your doctor or your employer? It is straight up illegal for your employer to put you on light duty because you are pregnant. You cannot be treated any differently because of your pregnancy no matter how well intended it is.
Your doctor’s has clearly stated what you shouldn’t do – lift. How much lifting shouldn’t exceed – 25 lbs. And even went so far as to explain why – may cause premature labor. And that’s not clear enough? The only thing that’s clear is that your employer doesn’t know jack.
Click here to get a consultation with an employment law attorney.
You need to immediately file a pregnancy discrimination claim with the EEOC. The law is very clear. Here is the link http://www.eeoc.gov/laws/types/pregnancy.cfm
Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. For example, The Wage and Hour Division released a fact sheet – Break Time for Nursing Mothers under the FLSA . For more information on FMLA, contact the nearest office of the Wage and Hour Division, U.S. Department of Labor.
