Fired; is it a case of pregnancy discrimination?

Question

I wanted to know if I was fired for discrimination. I started a job on August 20th, I was told by my employer that they would accomodate any doctor's appointments that I had, which they did. I did have to call in sick and had to leave early due to illness associated with the pregnancy for a total of 6 times; two of which were consecutive, so according to their rules, only 5 times. I have a very complicated pregnancy due to my own heart problems and diabetes and my employer was aware of this. I was even taken by ambulance on one occasion from work because of a heart episode I had. I had to miss work last Tuesday b/c of complications and was fired Wednesday upon returning from work citing too many absences. I do want to note that another employee hired 2 weeks after I was missed about 2.5 weeks from work last month due to her own medical issue, yet was not fired. She also missed two times after that. Do I have a case of discrimination?

I also want to note that my employer knew that I was set to have my baby via c-section Jan 9th.

I always asked if they needed doctor's notices, they always declined.

Answer 1

I don't know if discrimination is the correct word. That, I think, is a federal case and is there to protect people from abuse because of race, religion, etc. You might want to check state laws. Start calling around until you find the right place to get good info. I was always under the assumption you could not be fired for proveable sickness and that includes absences involving pregnancies. If you have insurance and might be losing it because you were fired, is a thought too. Be sure to check into Cobra if that is the case. If I couldn't find any help, I would consult an attorney. What they did isn't right? Legally, I'm not sure. Morally definitely. . .Although the fact the other person wasn't fired suggests there may be other issues involved with your firing and too many absences was a easy way to get rid of you.

Answer 2

Your employer was perfectly within its right to fire you. Had you been with the employer at least a year, you would have likely qualified for up to 12 weeks of time off due to the pregnancy, but because you've only been there since August, you are NOT covered by the FMLA, which is the law that governs time off for illness and related issues.

You were fired for excessive absence. True, it was related to a medical issue. But you are not technically disabled, and so it's unlikely your employer would be required to "accommodate" your time off, since pregnancy is not considered a disability, and so you are, thus, not in a protected class.

I don't think you have a case. But you can always go to the EEOC and file a charge. They will investigate the situation at no cost to you, so you really have nothing to lose. But don't hold your breath.

I want to edit to add that employers are under NO obligation to accommodate a doctor's appointment or a sick day unless you are considered legally disabled or unless you are covered by FMLA. Having a doctor's note is irrelevant. Your employer is free to fire you for missing even one day of work, unless they fire you for being in a protected class. The only possible protected class that you could be in is someone with a disability, and pregnancy is not considered a disability.

Answer 3

You admitted that you had way too many absences. Did you provide them with a doctor's excuse for every illness & incident that causes you to miss work? When you were able to work, did you do your job to the best of your abilities? These are some questions you need to ask of yourself before considering asking an attorney. In the meantime, enjoy motherhood. Good luck!!

Answer 4

Possibly, but you would have a very difficult time proving it. The complicating factor is that officially, you were fired for excessive absences. They do have to accomodate you, but if you run out of sick leave or vacation time due to your frequently leaving work early, then they were probably within their rights to let you go. Simply telling them yourself that you are having complications is not sufficient for them to grant you extenuating circumstances. You needed to have brought them a certified letter from your OB attesting to the complications you described, only then are they required to provide additional considerations above those for a normal, uncomplicated pregnancy.

Answer 5

Pregnancy must not be used to dismiss an employee because it constitute as discrimination against women. File a complaint against your employer in order to be given the rights accorded to a woman.

Answer 6

they shouldn't have fired you cause of that you should have gaven them a doctor note stating that you would need to have more breaks cause of your pregnancy and put you in a different position