What to do about my job if my pregnancy interferes with some of my work duties?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about my job if my pregnancy interferes with some of my work duties?

I am the assistant manager at a chain sandwich shop which is located on a college campus. I am 9 weeks pregnant. I spoke with the owner and let him know there are a few thing I can’t do now. One of which included that I couldn’t make sandwiches as the sight and smell of the food being that close triggered my morning sickness. However, as a manager there are a lot of other things I can still do. He told me that if I couldn’t do everything he wants he will send me home with no pay and I can come back after I have the baby. That’s like 8 months of no pay. Can he do that and do I have any rights? He also made a very rude comment in saying it was stupid for me to try to have a baby after I had trouble before.

Asked on May 2, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should consult with an employment law attorney--you may have a claim for illegal employment discrimination or harassment. The law forbids employers from harassing or discriminating against women in employment due to the fact they are pregnant. While an employer does not need to keep employing a woman in a position which she cannot do, due to some physical effect or consequence of pregnancy (e.g. a hospital could re-assign or even suspend or furlough a pregnant x-ray technician, if her work would pose a hazard to her baby), the employer must make reasonable attempts to accomodate the pregnancy and should not make derrogatory or harassing remarks. Therefore, while you do say that you could not make the sandwiches, based on what you write (the employer's comments; the fact that you could do other things), this may be illegal harassment or discrimination. You should consult with an attorney to discuss the situation--and your possible recourse--in more detail. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption