What does the law say about whether or not an employer can cut a pregnant employee’s hours without the employee bringing a doctor’s note?
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What does the law say about whether or not an employer can cut a pregnant employee’s hours without the employee bringing a doctor’s note?
I have been employed with the company for 10 months. I have recently received news that I’m pregnant I am halfway through my first trimester. I told my manager a day after I found out. I have been having morning sickness so I’m not scanning items as fast as usual im the markdown leader. They told me it is affecting my job performance so they are cutting my hours back almost in half without asking me if that’s what I needed/wanted. I need a regular 30 hour job. When 2 of my managers sat down to tell me they are cutting my hours back they considered it a council which negativity remains on the company records for at least a year.
Asked on August 24, 2015 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You are operating under a misconception that your employer needs to take into account or even consider what you need or want. Your employer has no duty to consider its employees' needs or wants your job is not there to help you, but to do the work the employer needs.
An employer could not cut a pregnant employee's work solely because she is preganant. But they may cut hours if the employee is being less productive, and the fact that she is pregnant does not prevent them from doing so. That is, while an employer may not discriminate against a pregnant employee, it is not considered discrimination to make decisions or take actions based on job performance. You write that you were not "scanning items as fast a usual" that reduction in performance would most likely justify the reduction in hours.
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