Top Ohio Pregnancy Discrimination Attorney Answer: Is my boss allowed to fire me because he thinks it is dangerous for me to work while pregnant? Can my boss put work hour limitations on pregnant workers because he thinks that he knows best? What should I do if I am being discriminated against because my boss thinks that I should not work on my feet all day while pregnant?
The United States Department of Labor (“DOL“) estimates that women make up about 47 percent of the labor force in the United States. The Department also estimates that From 2008 to 2018, woman are projected to account for 51 percent of the increase in the labor force growth. Sadly, there are many biological misconception that threaten the participation of women in the labor force, a major one being pregnancy. It is often thought by many bosses, managers, and supervisors that the fragility of pregnancy renders women unable less productive, thus making them a liability at work. Despite many studies debunking such misconceptions, women are consistently discriminated against on the basis of pregnancy. And, as employment discrimination attorneys, we counsel and represent many hard working women who have had their employment terminated just because they were pregnant. (For more on pregnancy discrimination see, Can My Boss Discriminate Against Me When I Get Pregnant? I Need The Top Lawyer In Ohio For Pregnancy Discrimination!; Top Pregnancy Discrimination Lawyer Reply: Can I Be Sent Home From Work Because I’m Pregnant?; and Top Employment Lawyer Reply: I’m Pregnant. What Are My Rights At Work?).
In an effort to combat such form of discrimination, Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978 (“PDA“), has been interpreted to prohibit employers from discriminating against their pregnant employees. Pregnant workers in Ohio are also protected under the Ohio Fair Employment Practice Law (Ohio R.C. § 4112.01et seq.) Most workers understand that the PDA and Ohio law prevents employers from firing, demoting, and cutting the pay of female employees because they become pregnant. These laws also require to provide reasonable accommodations to pregnant women if necessary, such as weight lifting limits or working with certain chemicals, if the accommodations are requested by the pregnant employee and supported by medical documentation. However, bosses and managers cannot independently decide to take actions based on what they believe is in the best interest of the pregnant employee or her baby.
Despite these pregnancy employment discrimination laws, employers find ways to use pregnancy as the basis of termination, retaliation, or other adverse actions every day. Take for example, RTG Furniture Corp. of Georgia, which the United States Equal Employment Opportunity Commission (“EEOC“) has charged with discriminating against its pregnant apprentice. (See Top Employment Law Attorney: Do Not File With The EEOC Without Doing This First!; File With The EEOC Or Get A Lawyer? – Call The Right Attorney; and Should I Get A Lawyer To Help Me File An EEOC Charge?). According to the charge, Chantoni McBryde was hired by RTG Furniture as an apprentice in the company’s training facility in North Carolina on June 1, 2015. As part of her duties, Chantoni was required to work with various chemicals to repair furniture. Two days after Chantoni was hired, she informed her employer that she was pregnant. Immediately, Chantoni was called into a meeting, where a manger, having read the warning information on one of the chemicals used in repairing furniture, discussed the risk the chemical posed to Chantoni’s pregnancy. And so, without any discussion about RTG Furniture’s willingness to provide Chantoni with protective equipment to allow her to work, or an input from a trained medical professional regarding Chantoni’s risks, Chantoni was terminated. The employee then filed suit in U.S. District Court for the Eastern District of North Carolina, Western Division, asserting that the employer wrongfully terminated her in violation of PDA and Title VII. As part of her claim, the employee is asking the Court for back pay, compensatory damages, and punitive damages.
Based on the facts available, we believe that the employer is in big trouble. Our employment law lawyers will continue to follow this case with interest and keep you posted.
If you are an employee whose employer has preconceived notions about pregnancy that you think might affect your job security, you need the help of the best lawyers to properly hold your employer accountable. If you are facing discrimination or harassment simply because you are pregnant, protect your legal rights — call the right attorney. Under federal and Ohio employment laws, 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 866-797-6040, 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.
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.