What to do about my job if my pregnancy interferes with some of my work duties?
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What to do about my job if my pregnancy interferes with some of my work duties?
I am the assistant manager at a chain sandwich shop which is located on a college campus. I am 9 weeks pregnant. I spoke with the owner and let him know there are a few thing I can’t do now. One of which included that I couldn’t make sandwiches as the sight and smell of the food being that close triggered my morning sickness. However, as a manager there are a lot of other things I can still do. He told me that if I couldn’t do everything he wants he will send me home with no pay and I can come back after I have the baby. That’s like 8 months of no pay. Can he do that and do I have any rights? He also made a very rude comment in saying it was stupid for me to try to have a baby after I had trouble before.
Asked on May 2, 2012 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You should consult with an employment law attorney--you may have a claim for illegal employment discrimination or harassment. The law forbids employers from harassing or discriminating against women in employment due to the fact they are pregnant. While an employer does not need to keep employing a woman in a position which she cannot do, due to some physical effect or consequence of pregnancy (e.g. a hospital could re-assign or even suspend or furlough a pregnant x-ray technician, if her work would pose a hazard to her baby), the employer must make reasonable attempts to accomodate the pregnancy and should not make derrogatory or harassing remarks. Therefore, while you do say that you could not make the sandwiches, based on what you write (the employer's comments; the fact that you could do other things), this may be illegal harassment or discrimination. You should consult with an attorney to discuss the situation--and your possible recourse--in more detail. Good luck.
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