Do i need a FMLA/ pregnancy labor discrimination attorney?

Asked 7 months ago - Seattle, WA

I am 5 months pregnant and my employer will not accept a doctors note for me being ill, but chose to give me written punishment. They also are taking away my current position and hiring a replacement. I have been told that every time i am out sick even if i have a doctors note about my illness that i will be written up and eventually terminated. The workplace does not provide a designated area for pregnant or nursing women to rest even.

Attorney answers (3)

  1. Todd W Wyatt

    Contributor Level 8

    4

    Lawyers agree

    Answered . You very well may have claims against your employer. You should consult with an attorney.

  2. Beverly G Johnson Grant

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . Yes you should consult with a discrimination attorney. There are many more facts that are needed. For instance, how many employees does your employer have? Have there been other women who have taken leave while they were pregnant? It would appear that you have a sex, pregnancy/FMLA and retaliation claims to pursue. Send an email to document your understanding in writing, so that they cannot argue that somehow you misunderstood what the company's response was to your concerns.

    This answer is predicated on the facts provided in which the lawyer cannot confirm or verify. I do not represent... more
  3. Marilynn Mika Spencer

    Contributor Level 20

    Answered . I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

    Congratulations on your growing family!

    Pregnancy discrimination is unlawful under federal law. In 1978, Congress amended the Civil Rights Act of 1964, Title VII 42 U.S.C. §§ 2000e to 2000e–17, by passing the Pregnancy Discrimination Act.

    Under the Pregnancy Discrimination Act, "discrimination" means to treat a pregnant employee differently from non-pregnant employees, and adversely. The employee must be able to make a connection between the discriminatory treatment and the protected status (being pregnant). In other words, the employee will have to show that her pregnancy is reason the employer is treating her adversely. There are various ways to do this. Negative comments from supervisors or management; a sudden change in treatment (for the worse) as soon as or shortly after the employer learns about the pregnancy or the effects of pregnancy; or other incriminating conduct. Note it is not unlawful for an employer to apply the same leave of absence policy to pregnant and non-pregnant employees.

    For information on pregnancy discrimination, see:
    http://eeoc.gov/laws/types/pregnancy.cfm

    For information on the Pregnancy Discrimination Act, see:
    http://eeoc.gov/laws/statutes/pregnancy.cfm

    Please look at my guide to unlawful discrimination: http://www.avvo.com/legal-guides/ugc/what-is-un... which should help you understand lawful and unlawful discrimination, how to pursue a claim and time limits.

    This law is enforced by the Equal Employment Opportunity Commission (EEOC). www.EEOC.gov Keep in mind you may have only 180 days to file a charge with the EEOC, unless your state has its own similar law, in which case the filing time is probably 300 days. But you MUST confirm the filing deadline with an attorney licensed in your state.

    Employment law is complicated and fact specific. You should obtain legal counsel before pursing the claim. You may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.

    Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

    I hope there is a good resolution to this situation.

    @MikaSpencer * * * PLEASE READ: All legal actions have time limits, called statutes of limitation. If you miss... more

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