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Is this Pregnancy Discrimination?
Here are the facts:
My sister i law was hired at Winco as a cashier clerk in June.
She found out she was pregnant about a month ago by a home test.
3 weeks ago she visited a doctor for an ultrasound and confirmed it. The doctor issued her a note, asking the company to make sure she does not lift more than 30 pounds.
She was working an average of 35 hours a week before she was pregnant.
She was removed from the schedule 2 weeks ago and has not worked a shift since. The company will not tell her why she has been removed, but insits she has not been fired.
What can she do? who can she talk to that can offer some advice, as she has no income now?
By the way, the posistion she has rarely involves heavy lifting, besides an occasional bag of dog food. Also Winco requires customers to bag thier own grocerys, so all she has to do is slide items accross the scanner and take money.
7 Answers
- 1 decade agoFavorite Answer
Sounds like it. She can collect unemployment since they haven't scheduled her for over 2 weeks now. Talk to a lawyer because you might have a case
- LoveMyBabiesLv 61 decade ago
She should speak with her store's district manager and let them know what's going on. If she was expected to lift more than 30 lbs on a daily basis before she became pregnant, they might have the right to do that. As a cashier though, I doubt that's the case. If her employers will not tell her what the problem is, she needs to find someone in the company that will. She can speak to her district manager and if that fails, she can call corporate. They don't want a lawsuit, so they should be pretty quick about doing something. If it has to go that far though, I wouldn't even bother saving my job. I wouldn't want to work for a company that treats it's employees that way.
- Lone CatLv 71 decade ago
She should go to her supervisor and demand a reason. Wouldn't tell you is not an acceptable answer. If it where me I'd sit there all day and even come back the next day until they gave me an answer.
From the companies point of view, their in a tough place. If they schedule her they have 2 problems. One, if she gets hurt on the job, that's just a law suit waiting to happen. Two, can they depend on her to be there. If it's a problem pregnancy then she might have to go to the hospital and that would leave them sort handed.
This is the problem with current laws. It leaves employers in a situation where they can't be honest with employees. Anything they do, legally, their screwed.
- 1 decade ago
Perhaps they just don't have a shift available for her that doesn't involve heavy lifting and they are trying to find her a position she can handle. She should speak to someone at her work and find our for sure what is happening. If she hasn't been officially fired then she can't officially file for much concerning her lack of employement.
Perhaps she should start looking for a new job right away while waiting to hear back from her old job.
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- 1 decade ago
Contact an attorney who deals with employment discrimination. Most attorneys will let you know over the phone if this is something to be pursued or not. Sounds like you may have something here.
- Anonymous1 decade ago
She can't do anything and I'm sorry I side with the store. Your sister chose to get pregnant (or have sex) and now she can't perform her normal duties. Why should the store have to hire another person to work with her?
- 1 decade ago
she can get unemployment even if they havent fired her yet.