What canI do if my boss is discriminating against me because I am pregnant?

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What canI do if my boss is discriminating against me because I am pregnant?

I work for a home health care agency; very small business maybe 4 or 5 employees. Boss has 3 known patients and I currently work for 2 of them. Since I am pregnant and my main patient has had a steady decline in her ability to aid in transfers, I asked my boss to get put on my other patient full time. She refused and now I have gotten a doctor’s note stating that it is not healthy for myself, my unborn child and the patient for me to be there alone and transferring her by myself. Is she discriminating against me by not putting me on the other patient that is safe for me to work with?

Asked on August 11, 2010 under Employment Labor Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would suggest that you seek help from an employment attorney in your area.  It is my understanding theta the law in Ohio regarding employees and employee rights is based upon the equal treatment of all employees regardless of their condition or illness.  In other words, the statute provides that pregnant employees must be treated the same, for employment-related purposes, as employees who are not pregnant but who are similar in their ability or inability to work.  It would amount to discrimination if an employee in a similar position - not necessarily pregnant but unable to life say due to a bad back or the like - were treated in a different manner than you and allowed to be assigned to a less needy patient to accommodate their condition.  Pregnancy alone does not appear to grant you more rights.  Only the same rights as everyone else.  Good luck.




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