Anyone Ever Dealt with or Know Someone That Has Filed Pregnancy Discrimination?

Updated on December 04, 2008
W.A. asks from Denton, TX
5 answers

Has anyone ever gone through this? Obviously, my employer did not state they were going to fire me because I got pregnant. I worked through a staffing agency from August 2007 through January 2008 when I got hired on with the Oil and Gas Company. The last and only other person that has ever been fired from the company was also pregnant. On February 29, 2008 I told the company that I was pregnant and on March 27th, I was fired without reason. I did nothing wrong. I was actually up for a raise and my immediate supervisors wanted to give it to me.

Anyone ever filed with this or know of any pregnancy discrimination case results?

Thanks so much in advance :)

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M.C.

answers from Dallas on

Yep, getting fired for being pregnant is clearly illegal (I believe the law was passed in the 1970's). Since you've worked at the company for less than 12 months, you're NOT covered by the Family and Medical Leave Act, so they actually don't legally have to give you any leave at all for the birth of your child (morally, of course, they should, and they do have to give you the same medical leave they would give any other employee with any other medical issue). But as long as you're willing and able to work, they're not allowed to fire you for pregnancy. Talk to a lawyer! I'm not one, but I did research all of this when I got pregnant, since when I told by boss I was pregnant, he was shocked to silence, and said he didn't know what the policy would be, because this issue had never come up before (I'm in a predominantly male department, and the youngest by a decade!) I, however, was dealing with fundamentally kind and well-meaning although clueless men who were clear that they wanted to retain me as an employee. Your situation sounds much more complicated! GL!

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P.E.

answers from Dallas on

Many years ago (my baby is almost 26),I was hired as a cashier in a restaurant at a hotel. A couple of weeks after starting work, I brought a note from my doctor saying I was healthy to work. When the manager noted I was pregnant he fired me, actually stating something to them effect that "we are not in the practice of hiring pregnant women". I went to the Texas Department of Labor. Since my position "had already been filled" by the time they had to hire me back, I got a job as a "housekeeping inspectress" and my back pay from the date the let me go.

I didn't take it any further and only worked for that company until the baby was born.

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J.J.

answers from Dallas on

I know someone that sued and won a case a few years ago. I can ask her if she'll talk to you about her experience if you want. Let me know.

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J.T.

answers from Dallas on

i think it's not gonna sit well with the courts that you waited this long to file anything. also, to my knowledge, tx is an "at will" state, so the burden of proof's on YOU to prove that your pregnancy is the reason for termination. i'm really sorry that happened to you and i wish you luck in whatever you decide to do, whether to pursue it or not. i would rec that you consult with a couple of lawyers, a consultation shouldn't cost you anything and you'll be better informed on how/if to proceed. good luck and congrats on the baby! also, was there a 90 day probationary period after you were hired on in january? idk, sounds like a yucky situation :(

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S.

answers from Dallas on

Hi W.-

I've never been in that situation -- but just wanted to say

YOU GO, GIRL!!!!!

Good Luck!
S.

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