QUESTION
Is it illegal for my employer to have terminated me for going into labor at work and not offering me any kind of maternity leave, time off, or rehire
Asked on Jul 20th, 2017 on Labor and Employment - Indiana
More details to this question:
I worked every day never late and never missed a day up until I went into labor and almost had to give birth at work. Then I came back to my workplace 10 weeks after giving birth when I got released from my doctor and was told that I was terminated and they had no job to offer me. I was not offered any kind of leave for maternity and was apparently terminated the day I went into labor at work. I have worked at the company nonconsecutivly for 3 years and was denied FMLA or any kind of maternity leave. They also cut off all my insurance and I was forced to pay the expenses for my labor with medicaid and out of pocket. They are now making it very difficult for me to get another job because they are giving me bad references. I have been emotionally and financially losing everything and my children and I have been forced into debt and out of our house all because of this. Do I have a good case or would they be able to dismiss if? Please help.
1 ANSWER
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Dear Anonymous,
This sounds like it could be pregnancy discrimination. Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees. The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.
Please feel free to call me to discuss your case in more detail.
Very truly yours,
Chip Clark
Answered on Jul 21st, 2017 at 6:56 AM