my wife was fired just because she is pregnant. I filed with EEOC but.. HELP?

Question

She filed about 7months ago (it is state policy, we are in Northern Virginia) and got a call from EEOC.
EEOC investegator told her that her company has right to ask any empolyees to leave for any reason. My wife works less than a year at the company. The company ask any employees who works not more than 1 year to leave. Is this right?
I do not think so. I read and believe that FEDERAL POLICY cleary stated that pregnant women cannot be fired just because of the pregnancy. Any one??? please help? if you r a laywer or EEOC?? help.

She filed about 7months ago (it is state policy, we are in Northern Virginia) and got a call from EEOC.
EEOC investegator told her that her company has right to ask any empolyees to leave for any reason. My wife works less than a year at the company. The company ask any employees who works not more than 1 year to leave. Is this right?
I do not think so. I read and believe that FEDERAL POLICY cleary stated that pregnant women cannot be fired just because of the pregnancy. Any one??? please help? if you r a laywer or EEOC?? help.

Yes. it is pregnancy. She was fired just becuase of the pregnancy.

VIRGINIA IS RIGHT TO WORK STATE.
http://www.nrtw.org/rtws.htm
I just check !!

EEOC has pregnancy policy

http://www.eeoc.gov/types/pregnancy.html

No other reason. ONLY ONE REASON ! PREGNANCY !! That is confirm.
I want to hire a lawyer but EEOC said we need "right to file a suit" letter. WTF is this?
EEOC investgator is newbie? or what? it happened almost 7 months now.
We will do whatever!!!

Answer 1

We have the same law where I live. I was once fired because I was "female" ... not pregnant, just a girl! I fought it, and come to find out ... my employer had the right to fire me for any reason EXCEPT those based on discrimination (race, religion, SEX) .

The problem is ... his "excuse" was that he didn't like the kind of jeans that I wore. That's it!!! That's all he had to say. I knew it wouldn't have mattered what kind of jeans I wore, he was just making something up. But I couldn't get a lawyer in the state to take the case. Discrimination is soooo hard to prove.

I wish now that I hadn't given up so easily. If I were YOU, I wouldn't stop with the EEOC ... I'd make all kinds of noise. She may not get her job back, but you can make a point all the same. Write to your newspaper, your congressman, anyone you can think of that may listen.

This has got to stop in our country.

Answer 2

That depends on whether or not she was fired just because she was pregnant. However, in some states you can be fired for any reason. Pennsylvania, for example, is not a "right to work" state, which means that the employer doesn't need to show cause in order to fire a person. In a "right to work" state, you are considered to have an inherent right to work, so the company must actually show cause before they fire you. If Virginia is not a right to work state, then they can fire your wife for any reason.

Your question is confusing because you said that they asked everyone who had worked less than 1 year to leave, which seems to indicate that she wasn't fired simply because of pregnancy. However, in either case, the EEOC investigator's would know the federal law and would know whether the company violated the law. If they say that the company is legitimate in its actions then there's not much you can do.

Answer 3

I live in IL, so I'm not exactly aware of the laws and regulation in Northern Virginia, but I do know that EEOC (Equal Employment Opportunity Commission) has the following federal laws:
The Federal laws prohibiting job discrimination are:

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and

the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

So, even though your wife's company may have fired her "because she is pregnant," the company probably gave a bogus reason (other than her pregnancy) for firing her.

I would get her to fill out the forms at the unemployment office and meet with a lawyer about this. You have the potential to win a lot of money off this suit if you win and if you are sure there are no other valid reasons why she could have been fired. Also check out the second link b/c it explains about FMLA (Family Medical Leave Act) which will also be important to know about.

Answer 4

OK....... I am at work right now as we speak reading this, and I work for the State of Kentucky Commission on Human Rights. We handle cases like this all day long and here in the state of Ky, pregnancy is one of those "PROTECTED" laws. I have a brochure in my hand right now that says.............."Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under the Ky civil Rights Act. Woman affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. An employer may provide some preferential treatment to pregnant employees pursuant to Ky Revised Statute 344.030 (6) without being considered to have discriminated against non-pregnant employees.
I don't know if there is that much different between our states but if you'd like, your more than welcome to call 800-292-5566, thats our toll free line and I will send you this brochure. I am sure that there is also a Human Rights Commission in your state also. Remember that complaints must be filed within 180 days of the incident, so hurry!

Answer 5

no, the only statuses protected by EEOC law are: gender, race, handicap, religion, and age. Pregnancy is not.
If you live in a 'right to work' state, and most are, you can be fired for any reason at any time.

Answer 6

I think what EEOC is trying to say is that the company she worked for gave a crap excuse that they fired her for another reason. Im not sure what you can do but find a lawyer(cheap) and sew their a**es!

Answer 7

All I can say is find an attorney. A good one. I'm pretty sure no company can fire a woman for being pregnant. You should check into it. Most attorneys will give you a free consultation, meaning you can go talk to them and tell them your situation for free, then decide what to do from there. Good luck!

Answer 8

I found these articles and they have some helpful information for you. Sorry I couldn't be more help.

Answer 9

if she wasn't the only person fired, then it probably wasn't because she was pregnant.