I accepted my current job while 3 months pregnant, I am currently 36 weeks along with only around 4 weeks remaining until my due date. I qualify for maternity leave in my position.
I have recently (within the past month) been written up twice for issues that were petty or that did not occur. The first write up was due to my posture while seated at my office desk. It was stated that I "lean" too much, I have made adjustments to prevent leaning too much at my desk (which has caused major discomfort). The second write up was for missing a deadline that I did not miss. I attempted to provide prove that I did not miss the deadline, but I was ignored. In the second case I was required to sign the write up, I signed acknowledging that I received the write up.
Is this valid? Or discrimination?
DUI / DWI Attorney
On its face there appears to be a problem here but much more information is required. There are some very good employment discrimination attorneys in the Cincinnati and Dayton area. You can find them at www.oelasmart.net. (The Ohio Employment Lawyers Association).
This post is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
Employment / Labor Attorney
You may be experiencing pregnancy discrimination, and you should talk with an employment attorney as soon as possible. Usually clients don't seek my advice in these situations until after termination. Often an employment attorney can help avoid that result, so you are smart to ask the question at this stage. Feel free to call my office for a consultation at 513-721-1975.
Elizabeth S. Loring, Esq.
Freking & Betz, LLC
525 Vine St., 6th Floor
Cincinnati, OH 45202
70 Birch Alley, Suite 240
Dayton, Ohio 45440
This answer is provided for informational purposes only and does not constitute legal advice. You should not act or rely on this answer without consulting with an attorney one-on-one. The response cannot and is not intended to replace a face-to-face or telephone consultation with an attorney, and no attorney-client relationship is created by this response in the absence of a fully executed representation agreement, even if a response was given to a question
Civil Rights Attorney
Your situation raises the potential for a pregnancy discrimination claim, but there are a lot of facts that need to be developed before an answer can be framed. For example, did those who are disciplining you know of the pregnancy when you were hired? Did they hire you? If so, the case is extremely difficult. However, if not, it opens up another area for examination, which could lead to the conclusion of discrimination. As you are still employed, if you truly feel you are being run out, it would not hurt you to send a memo of your concerns higher up -- where that goes depends on the company, but you want it to go to a position that can take action. You should contact a lawyer to discuss in more detail.