What can I do if I’m currently 6 months pregnant and feel that my job is in jeopardy due to my condition?
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What can I do if I’m currently 6 months pregnant and feel that my job is in jeopardy due to my condition?
I am salaried and have health insurance. The company has a history of discrimination against pregnant women. For example, they fired one woman because of her pregnancy but told her it was because they were getting rid of her shift, which was a lie. Another woman they “accidently hired” not knowing she was 7 months pregnant and when they found out they told her they were getting rid of her shift and no longer needed her, another lie. Recently they gave been doing things that lead me to believe I am next. My boss has been reprimanding me for not doing things that have never been part of my job. My regional manager makes derogatory comments about my pregnancy. Legally, what are my options?
Asked on September 7, 2015 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is against the law to discriminate against a woman due to pregancy this is illegal employment discrimination or harassment. You could sue them IF they take any negative action e.g. fire, demote, suspend you, etc., since if they don't take any negative action, there's no point in suing--you would not recovery any compensation. Or you could file a complaint with the federal Equal Employment Opportunity Commission EEOC or your state equal/civil rights agency. d on what you have written, you appear to have a "prima facie," or initially plausible case that would then shift the burden to your employer to demonstrate that their actions e.g. reprimanding you are valid and not a mere pretext, and are based on, for example performance issues on your part. Making derogatory comments about your pregnancy and the history you describe would both seem to make make it more difficult for them to show that they have valid grounds for what they are doing, rather than are engaging in pregnancy related discrimination.
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