Here's the deal. I have been working for this company for over a year and the job requires a lot of lifting and bending over, and other things that I have a doctors note saying that I cannot do while I am in the last trimester of pregnancy. My work has laid me off becasue they say they cannot accomodate me because all of the money that htey have in their payroll budget is for people who can perform the job completely. Basically, they laid me ioff becasue they can't afford to pay me if they are just having me there to do light duty, which I find rediculous. To me, this sounds a lot like preganncy discrimination. I am able to draw unemployment benefits while I am off, but it is only $115 a week, where I bring home $350 a week while working. This financailly burdens my family, obviously, which is why I am hot about this whole thing. Please, if you KNOW how these laws regarding pregnancy and the workplace work, let me know if I have an argument against them.
Answers:
Laws vary by state and country. So, any answer is going to start with "well, it depends on the jurisdiction".
After that, it depends on the details of your situation -- and that's why competent lawyers won't give formal legal advice based on just a short one-paragraph summary.
If you want specific legal advice, you need to speak with an attorney licensed in your country and state/province.
That is definitely discrimination. You should follow through with a lawyer and/or a civil rights activist. Your company should know better than what they have done.
I don't feel it's discrimination. You are not able to do the job that you were hired to do (even if only temporarily) You can only collect unemployment benefits if you are able to work.
I am going to assume that you are in America, though you did not say. I am an administrator at my work and I recently had a baby, so I am well versed in the pregnancy labor laws. As a matter of fact, I hit a snag myself regarding how much leave I was allotted.
This is DEFINITELY discrimination and is illegal. You need to contact the labor board and a lawyer. I have attached a link to the labor laws concerning pregnancy leave.
Call or see your state Labor Commissioner, their advice is free and sometimes they will go to bat for you for free.
Check with a lawyer. An employer can let you go at any time he chooses for any reason really. From what you have said it would be pretty hard to prove any discrimination.
You almost certainly have a good lawsuit for sex discrimination and under ADA. Employers are required to make reasonable accomodation of employees whose temporary medical condition renders them unable to perform the standard duties of the job. However, if your employer is a small company (fewer than 25 employees) you wouls have a harder time succeeding.
You should confer with consel who is expert in sex discrimination.
You should talk to a lawyer because there are a lot more details that matter than you can put in a forum like this. Questions like: How big is the company? Are you a full time worker, and have you been for awhile? Is the lifting 'an essential function of your job' or just incidental to the job? If you are a warehouse packer who was hired to move boxes it may be different from the situation where you are a counter clerk who just picks up a box now and again. Are there even open 'light duty' positions available? How big a burden would it be on the company? What kind of request did you make that was turned down? Too many issues for you to include everything here.
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