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  1. #1
    Join Date
    Dec 2005
    Posts
    2

    Default What Should a Pregnant Employee Do About Discrimination at Work

    Hello, my fiancee and I feel that she is being discriminated at work because of her pregnancy.

    I don't know where to go for advice, i just need help with this problem.

    We have documented several examples of what I would call discrimination that includes:

    My fiancee was very sick one morning, but decided to go to work anyway. I had called her job to inform them that she had not kept any food down for 48 hours. My fiancee was not allowed to leave work and seek medical treatment until she found someone to work for her. She found someone to come in and work for her. Approximately three hours passed from the time her replacement came in until she was allowed to go home. She called her doctor the next day and the doctors documented that she suffered from hyperemesis, which is dehydration because of severe morning sickness. She ended up hospitalized for the night because of hyperemesis. She was asked for proof of hospitalization. She provided it. She was hospitalized three separate times over the course of a month because of hyperemesis and she had to call in sick.


    Fiancee diagnosed with low lying placenta. Her doctors specified that she must not work more than 30 hours per week or else if the condition became worse, she would need to go on bed rest. The company responded by giving her one week at 30 hours, then she was gradually given more than 30 hours per week. She has also had overtime (over 40 hours) for at least three weeks since her doctor’s note was turned in and discussed.


    Or working 4 1/2 years with nothing but positive performance reviews, but suddenly being called into a meeting 5 1/2 months into the pregnancy because of slacking on the job, increase in absences, and frequent lates because of morning sickness. She was told that she needs to improve or the company will take action.


    My fiancee being upset because the store would not modify her schedule around her morning sickness but instead scheduling her 5 days the week of November 13th at 5 AM, even though, in the past, work schedules have been altered because of temporary illness.

    I was told by the Asst Director that I was banned from entering the grocery store after I had entered in a calm, collected manner, asked for the Asst Director, and asked him if he knew what pregnancy discrimination was. Can he ban me from his store for trying to question him on the store's behavior towards my fiancee?

    Someone please help me out and point me in the right direction. I apologize if this is posted in the wrong forum or off topic or whatever, but I am in need of serious help.

    Thank you kindly!
    Dupo

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default FMLA Violation over Pregnancy

    Your fiancee's employer may have violated the Family Medical Leave Act (FMLA). She should discuss her situation with a local plaintiff-side employment lawyer.

  3. #3
    Join Date
    Dec 2005
    Posts
    2

    Default

    I have checked, she is definetly eligible for FMLA, and we have consulted a lawyer.

    I, however, as a fiancee, am not eligible through my job. I was fired from the same store she worked, and i started a new job.

  4. #4
    Join Date
    Dec 2005
    Posts
    200

    Default

    FMLA is the federal statute that requires covered employers to grant an eligible employee up to a total of 12 work weeks of unpaid leave for serious illnesses, which can include pregnancy.

    However, Title VII of the Civil Rights Act, prohibits employers from discriminating against employees because of pregnancy. If your financee thinks she is being discriminated against because of her pregnancy, she should contact the local EEOC office, the federal agency that enforces TItle VII. Federal law requires employers to treat pregnancy as they do any other temporary illness.

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