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.

157 views • 0 upvotes • 6 comments

COMMENT (6)

ka

Posted at
that is discrimination and what they are trying to pull is technically illegal. i would threaten to sue! contact whoever you need to contact. this guy is trying to get you fired anyway. and if it all goes to crap contact a lawyer. there are some who won't charge you unless they win the case or maybe there is an office looking to do more pro bono work

ka

kasey • Aug 10, 2020
threat*

ka

kasey • Aug 10, 2020
Sometimes just making the thread or getting a written letter from the lawyer will scare them into backing off

Mo

Posted at
I agree about speaking with an attorney ASAP. It can be hard to prove discrimination, but in your case, all of these disciplinary actions "just so happened" to occur after filing for your modifications after 10 years of employment. That's going to look really bad for them. Get an attorney to write them the letter, that may get them nervous about firing you for nonsense.

Em

Posted at
You need to contact the other department about getting the manager off your back. This is absolutely not ok and you shouldn't need to deal with this yourself

ma

Posted at
I would see about talking to a lawyer and ask your options. Going to HR would be an option but if they retaliate then it may not matter. I’d find out what to do. It’s not logical if you were moved to a different position because of your restrictions it’s not logical that you’re responsible for those duties. Did they give you write ups? And did you sign them? I got written up once at a job because I was too short to check on top of the mirrors for sensors and tags and they didn’t provide a stool only the stool that was in the room for customers to sit on and it wasn’t stable to stand on yet I got written up because the next fitting room attendant found them (she was 5’8” and routinely wore heels to work and I’m 5’2” and have flat feet and cannot wear heels for an extended period of time.) I was told I had to sign and that meant That I acknowledged wrong doing on my part. I didn’t know I could refuse to sign it and my husband later told me I never should have signed it in case they tried to file against me for stealing or something. I’d definitely seek help from SOMEONE. HR or talk to a lawyer and explain it and get advice.