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Top Pregnancy Discrimination Lawyer Reply: Can I Be Sent Home From Work Because I’m Pregnant?

| Apr 21, 2014 | gender-discrimination, pregnancy maternity rights, Wrongful Termination |

Best Gender Discrimination Attorney Answers: Can my boss keep me from working because I’m pregnant? What should I do if I was wrongfully fired when my job found out about my pregnancy? Are there laws that protect pregnant women from discrimination? How do I find an Ohio pregnancy or gender discrimination lawyer?

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Bosses do not get to decide what is in the best interest of pregnant women or their babies. Bosses are not allowed to send pregnant women home because they fear that the female workers might be more susceptible to injuries on the job.

The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Pregnancy discrimination is a form of gender discrimination. Under the PDA, employers cannot discriminate on the basis of pregnancy, childbirth, or medical conditions related to pregnancy. These laws make sure that pregnant women workers are treated in the exact same manner as other employees. Specifically, the PDA makes it unlawful for jobs to discrimination based on pregnancy or recent childbirth with regard to hiring, firing, pay, job assignments, promotions, schedules, layoff, training, and benefits, including leave and health insurance, as well as any other term or condition of the job. These pregnancy protection laws also prevent an employer from retaliating against an employee for complaining or opposing pregnancy discrimination. Firing a female worker because she is pregnant or complaining about pregnancy-related discrimination or harassment is wrongful termination.

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Let’s take a look at Jessica Williams’ employment at Kenan Transport, LLC. She worked as a billing clerk in a trucking terminal. According the pregnancy discrimination lawsuit that was filed, at seven months pregnant, Williams started having premature labor, which was stopped by her doctor. As a result, her doctor gave her a medical excuse for a couple days off, which Williams gave to the terminal manager, who in turn, told Williams that instead of giving her a couple days as ordered by the doctor, she was not allowed to return to work until after the baby was born. This is the first major problem.

Williams responded by opposing the pregnancy discrimination and indicated that she would file a pregnancy discrimination lawsuit if it did not stop. Instead of taking a moment to even contemplate if she was right, the boss jumped right out the frying pan and into the fire by firing Williams two months after the baby was born. This is a second major problem. Employers cannot ignore doctor’s orders and unilaterally decide what they think is a better course of action.

After the pregnancy and wrongful termination lawsuit was filed, Kenan Transport agreed to settle the case paying approximately one year earning, which amounted to $27,000 for Williams. If you are facing discrimination or harassment simply because you are pregnant, protect your legal rights — call the right attorney. Employers cannot harass, fire, wrongfully terminate, discriminate against, demote, or wrongfully discipline a female employee just because she got pregnant. When you call the right attorney to schedule a free and confidential initial consultation at (216) 291-4744, you will meet with an attorney from The Spitz Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims. Our pregnancy discrimination lawyers know your rights and will fight to protect them.

Disclaimer:

The materials available at the top of this page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking “What should I do …”, “I’m being discriminated against …”, or “How do I …”, your best option is to contact an Ohio attorney to obtain advice with respect to pregnancy discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.