Pregnancy Discrimination?

[Siege]

Here's the deal:

My wife's an EMT-B who recently moved to a new EMS job with a major company. Shortly after hiring on, she found out she's pregnant. Since she had a previous miscarriage, the OB has said her maximum lift should be 45 pounds. Now, obviously she can't work on a rig per normal, since she can't lift. The company has stated that they have no "light duty" type work and so told her she either has to quit or go on indefinite unpaid leave.

What I am wondering is:

-Is this legal? Does she have any recourse against the company? Obviously they didn't force her to get pregnant. I read an article where some medics in DC sued to get put on light duty and won, but they had union backing. Also, we are PCSing in January - is it even worth pursuing, time-wise?

-If it is legal, what options does my wife have? Is unemployment an option? Will disability pay out this early (she's about 12 weeks right now)?

Thanks for any friendly advice. I've searched and read all the related threads and didnt find any answers. We are located in California, if that helps.

[brentoli]

First google hit on "pregnancy employment discrimination" is straight from eeoc.gov. Talks about Title VII of the Civil Rights Act of 1964. http://www.eeoc.gov/facts/fs-preg.html

Is there more than 15 employees? Is that how they treat any other employee with a temporary disablity? As far as dsablity paying you, you would have to check with your STD/LTD provider.

[Siege]

First google hit on "pregnancy employment discrimination" is straight from eeoc.gov. Talks about Title VII of the Civil Rights Act of 1964. http://www.eeoc.gov/facts/fs-preg.html

Is there more than 15 employees? Is that how they treat any other employee with a temporary disablity? As far as dsablity paying you, you would have to check with your STD/LTD provider.

Yes, more than 15 employees. As far as I know it's abnormal treatment. They have a much more (7 months) pregnant woman still working (but don't think there's a lifting restriction), and the have some injured workers comp people on light duty, so it's theoretically possible.

[brentoli]

I'd probably limit your online posting of the situation, and contact either a lawyer or your state labor comission or the EEOC.

[Chief1C]

Wouldn't it just be best, for the sake of the unborn child, to go on maternity leave...if it's going to be a risky pregnancy?

[Vorenus]

Wouldn't it just be best, for the sake of the unborn child, to go on maternity leave...if it's going to be a risky pregnancy?

I guess it`s more about the unpaid leave, than it is about the maternity leave in itself.

Can`t comment on US laws, but here, you can`t get fired when your pregnant and they have to pay you your maternity leave.

I`ve got a question, just out of curiousity: There is another mother working? Here, it`s normal that pregnant woman who work in medical professions get maternity leave automatically if there is no alternative, such as to put them on light duty. In EMS, due to possible blood exposure (e.g.) I can`t imagine a position of "light duty" in that sense.

A coworker of me got to work in the EMS school that was aligned to our firm when she was pregnant , but since that school closed last year, that options ruled out too for us now.

[ambodriver]

On my FD pregnant medics or FFs get laid up to do light duty.

With the streets being so volatile I don't know how I'd feel about having a pregnant wife/GF/partner on the streets.

It is illegal to discriminate for pregnancy in my state.

[Chief1C]

I guess it`s more about the unpaid leave, than it is about the maternity leave in itself.

So... Go on medical disability. What about the child. If money is more important, may I suggest Condoms?

[WolfmanHarris]

Any relevant reliable advice is going to come from a lawyer.

That being said this approach boggles me a bit. It would never fly in Ontario. Here pregnant medics are moved into the office full time on light duty, the same way injured medics would be. Even the small county service where I live, which has limited support staff places pregnant staff on light duty. I can be 100% sure that this is a legal requirement but it is certainly practice throughout the province.

[hatelilpeepees]

I am sorry to break the bad news to you, but this is not a discrimination issue, unless like docharris said, they have let other employees with lifting restrictions do light-duty work in the recent past. They are not firing her, she is no longer able to do the job per her doctor's orders. This would be the same if someone had a back injury and was told they could not lift more than 45 pounds. I imagine the doctor put other restrictions on there too, such as can't stand for longer than "x", can't sit for longer than "y" (they usually do). But if the company's stated policy is "no light duty", then you have nothing you can sue for.

P.S. It may be different in California, but she probably will not qualify for unemployment, as she was not terminated. She may be able to file FMLA which will hold her job without pay for 12 weeks, but they can terminate her after those 12 weeks are up if she is not able to return to work.

Sorry just read where you said there are injured employees on light-duty. If that is the case, you do have a right to sue and should talk to an attorney (after filing a grievance or appeal with HR).

Edited August 12, 2011 by hatelilpeepees