Isit legal for my employer to force me to leave my private care job due to my pregnancy?

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Isit legal for my employer to force me to leave my private care job due to my pregnancy?

I’m currently 6 months pregnant and my doctor gave me a note of consent to work. My employer is now forcing me to leave sooner then Ican afford to. I’m able and capable to do the work and willing.

Asked on January 8, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with an employment law attorney--you may have a claim or cause of action. Employers are forbidden by law from discriminating against women on the basis of pregnancy. If there is some actual risk from the nature of your job, that would be one thing--e.g. if you have to handle drugs or chemicals which could cause distress in a pregnant woman or injure her fetus, or were exposed to radiation (e.g. x-rays), or had to do strenuous lifting (e.g. lifting a patient out of bed), which could cause problems when you are in an advanced state of pregancy--then they may be able to make you cease working; an employer does not have to expose itself to potential liability by allowing you to work under what are, for you in your condition, dangerous circumstances, and that is the case even with a doctor's note. But if there are no unreasonable hazards for a pregnant woman or her child, then it may be that what they did is wrong. You should therefore consult with an employment law attorney to evaluate your situation and whether, in light of all its specific facts, you have a claim. Good luck.


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