What can an employee do about workplace harassment in a franchise store?

UPDATED: Aug 25, 2011

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What can an employee do about workplace harassment in a franchise store?

My wife is being harassed at work due to her being pregnant. She is almost 7 months along and her boss keeps making her lift a lot of heavy items; other employees are told they don’t have to do this because it’s wife’s job not theirs. She has told him numerous times that they are too heavy and he says it’s not his problem she got pregnant. He’s trying to fire her. What can we do? We need to speak with an employment law attorney. Where can we find one? In Maury, TN.

Asked on August 25, 2011 Tennessee


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good afternoon,

Thanks for reaching out and posting on our site. To get right to the point from what you have said it sounds like you may have a potential case. A lot of what will matter is going to be whether the tasks being required were always part of the job and if they are part of the job description.

A person who is pregnant is not entitled to special treatment so far as being able to not do their job. If the lifting was always a part then your wife would need to think about going on leave as she is unable to continue doing what she was hired to do. If she is being asked to complete tasks she was not hired to do that is an issue.

Pregnancy is a touchy situation and your question does lead to my determination that although I cannot advise how to proceed as I would need more info you should at the very least speak to an attorney. This site is a good place to start http://www.tennesseeemploymentlawcenter.com/

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.

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