Discrimination for pregnancy
I've been with the company I work for for almost 10 years. I've never had a bad remark on my employee file. I've had exactly one disciplinary action against me in my entire 10 years, almost 6 years ago. I started at the bottom with the company, promoted up several times into various supervisory positions, and about a year ago promoted into one of the highest positions you can inside one of their many facilities without being the actual company manager.
April 21st I was placed onto restrictions from my OB as I had been having some potential complications with my pregnancy. My restrictions were for being allowed to have a 15 minute break every two hours (I still rarely ever take them unless I need them), being allowed to eat a snack every three to four hours (I just usually wait for my lunch break or one of my 15 minute breaks if I need to take one to do so), not lifting more than 10-15 lbs (my job hardly ever requires me to do so), no extreme physical exertion (again my job hardly ever requires me to do so), no excessive bending or squatting (again hardly ever have to do), working no more than 8 hours per day (I work on a 10 hour rotating shift schedule with a lunch so 9 hours after a lunch break, so there was some adjustment needed there to make it so I'm scheduled 9 hours with an hour lunch break), to be allowed to drink water as necessary, and to be allowed to use the restroom as often as needed (I can use the restroom whenever I want, its not policed so no adjustment needed there.)
When we are given medical restrictions, we have to submit them to a third party company that deals with all of my company's medical restriction or LOA approval or denials. Mine was approved at the third party level and then it went through my company's approval process where it was denied but they put me on Temporary Alternative Duties as pregnancy for medical restrictions is something they cannot force me to take an LOA with.
During this whole process, I received a new company manager from the one I began my initial process with. When he found out I was pregnant with restrictions, at first he was adamant that it wouldn't be approved and I would be forced to take an LOA and that he would be working with the Market level managers to get a replacement for me. Well, my restrictions were denied at my company's level for my current job citing that it went against my minimum job required duties and I was given the Temporary Alternative Duties. I was told that another person would be taking over my primary duties for the duration of my TAD and that I would still be expected to answer to management inquiries from associates and the financial aspect of my job as that can be done at a computer.
That assignment lasted exactly two days before I was being called back to my primary duties and being called into a meeting to discuss how I apparently "fell asleep on the job". I have never in my entire 10 years taken a nap on the job. He said that I laid my head down on the desk and took a 20 minute nap. I remember the day he is talking about. I put my head down on the desk, WHILE ON MY 15 MINUTE BREAK that I am legally allowed to take restrictions or no restrictions, after having been doing a job I am supposed to have been temporarily reassigned from, for about 5 minutes as I had just worked three straight hours running back and forth across a 2500 square foot building without sitting down one single time.
He used this initial documented discussion to advance into the next level of disciplinary action, citing various reasons that I am failing at my job, that I remind you I've been reassigned from on paper. Any time I try to follow my TAD I'm being pulled back.
Two days before I went onto my scheduled vacation that I've had in to take for a year, I get pulled into the office again about failing at my primary position. He skips an entire step and places me on a final disciplinary action where the next step is termination. I asked him if I'm on a TAD and someone else is supposed to be responsible for my primary duties, how am I the responsible one for the supposed failings in those areas. He said that because I'm in a position of being salaried that even on a TAD I am still the responsible party. All of this from May to August.
I'm so stressed out and I just don't know what to do about it. If I make a stink and contact our company's ethics department and open a case about it I'm afraid he will retaliate and find something to terminate me and that I will lose the benefits I have paid into for almost 10 years. Not having an income during my maternity leave will place significant financial burden on my husband.
But if I don't do something about it, I am still at risk of losing everything I have worked for.
I've always been a model employee, I hardly ever miss work unless I use my earned vacation time (always planned), I don't call in sick, I give my all every single day I'm there whether I'm sick or not.
I have to last until the end of October to take my planned PAID maternity leave that I have earned. I've paid into my Short Term and Long Term disability for almost 10 years. I've considered requesting an unpaid personal LOA, just so I can make it that long. I do know that once baby is born, I'm looking for a different company to work for as one of his bosses is aware of everything he has done and has been involved in the disciplinary actions as they have to be involved since there is no other manager higher than me or him in the building.
I just feel so stuck.
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