being removed from a job because of pregnancy with an ok from dr. to work is this discrimination?

Answer 1

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In American it is actually unlawful to be removed from a job because of pregnancy. If a company doctor decides to have you released, that release must be substantiated by another doctor, who is not connected to the work site. If the second doctor is a referral of the work site doctor, this is a violation of your rights.

Dismissal for pregnancy must follow the strict federal guidelines for ability to work, as well as right to work. The federal government mandates that case by case dismissal is a violation of federal statutes, thus, guidelines were put in place to protect valuable workers from having their rights infringed upon.

Now you need to contact a labor lawyer; your rights have been violated.

Answer 2

Sorry but no....
You should have filed a FMLA request..
At least then the employer would have some legal obligation.
The EEO act is for discrimination based on race, color or religion......
Though litigation is becoming more difficult for pregnancy related discrimination,as the laws vary from state to state and "private" employers cant be forced by the Gov. to do anything that would effect their overall business basically.

Answer 3

When you say removed, do you mean put in a lateral position with the same pay but diffent tasks, or fired. If you mean fired that would be discrimination. If you were given a lateral move because you were totally unable to complete the required duties...AND NO reasonable accomodation could be made for you to complete them...then its not.

Answer 4

it is if you are being fired or payed less. Depends on what you are doing. a job where you sit the eight hour shift would be no problem for your Employer. but for a job where they would depend on you being quick on your feet all day they have a right to
put someone else there until you return from maternity leave. they also might want to be sure the person who is covering for you while you are on leave has a chance to learn while you are still around to explain things. Your boss may even want to let you work but wont because of company policy (written by His boss) that cover's saftey concerns or insurance coverage.

Answer 5

Okay, if being removed means that you have been given another job then NO that is NOT discrimination, that is the employer looking out for you (and covering their own @$$) but if you mean removed as in FIRED then YES.

Answer 6

If they fear for your safety or risk getting injured they can place you on modified duty. So long as they maintain your pay and hours. If they try to fire you because your pregnant, its a violation of the ADA law, "Americans with Disabilities Act - so long as you have a medical condition documented by a certified physician a company cannot fire you. They do not have to compensate you for the time you are out but, by law they are supposed to maintain a position in your company for you to return to. Check with an attorney in your state who is familiar with your particular states employment law.

Answer 7

YES!!! Unless your job requires certain things that you cannot do when you are pregnant (like lifting 100 pounds or something like that), then you are a victim of discrimination. Contact your local ACLU and ask for advice.

Answer 8

What's the job? I can think of quite a few jobs where pregnancy would be a handicap, to say the least.

Answer 9

most definatley and your employer is also supposed to make allowances for a pregnancy . I would try talking to your employer again to make them realise that they cannot do this and if this does not work try citizens advise as they would be able to tell you how the law stands

Answer 10

In the U.S., it is discriminatory to terminate an employee's job just because they are pregnant. Consult a lawyer about a wrongful discharge claim.