Pregnancy Discrimation

[lmmsnyder]

Does Texas have any laws that protect an enployee from being from bein.g fired due to pregnancy? I am currently 35 weeks pregnant and have been told by my employer that they cannot afford to have me take 2 weeks off to have this child so they are hiring my replacement. I work for a small company of 12 employees, and have been employed with them for 10 years. Last fall they let another male employee take 5 weeks off for shoulder surgery & recovery (he is our only electrician). I have three weeks of vacation available to take.

I've talked to so many people EEOC - Civil Rights - Dept of labor. Shouldn't I be protected by the law also?

I would appreciate any assistance or information that you could offer.

 

[cbg]

The problem is the size of the company. Under both Federal and Texas law there have to be 15 employees before discrimination laws apply.

 

[lmmsnyder]

I've been advised about the 15 employees. I just can't help but think that the very least the law should protect me also. What is wrong - is wrong. WHat have they done for the last 10 years while I used vacation time? I even have a letter from my Doctor stating that I could return to work after 2 weeks. Do you think that I would have a civil case?

 

[cbg]

I agree that it is wrong. What it is not, is illegal.

Since the law does not apply in your situation I can't see how you could file a civil case but you are free to talk to an employment atttorney in your state.

 

[lmmsnyder]

Well, with my replacement we would have 13 employees. Maybe they will hire 2 more before it's time. (They want me to train the replacement) Thank you very much for your help.

 

[lmmsnyder]

Pregnancy Discrimation AGAIN

History - During my last pregnancy I had quite a few problems with my employer. They reduced my hours, ran 2 employment ads in the newspaper for my replacement, told me that it wasn't their fault that I chose to get pregnant, told me that I might not have a job when I got back from maternity leave, etc. I ended up working from computer at home the Monday after my child was born, which was on the prior Friday) I officially went back to work 2 weeks after. Everyone that I spoke to (EEOC, LABOR DEPT) told me that I wasn't protected under federal or state law due to the fact that my employer does not have 15 or more employees. I have worked for this company for 11 1/2 years and have a good record. Please note that the male employees are allowed to have weeks or months off due to surgery / illness without any threating loss of job.

Two months ago, our electricion, the same one that is referenced in the orginal post, had shoulder surgery and was off work for six weeks. Our only production employee was off work for 3 months last fall due to illness. Both individuals came back to work and there was never any talk of them losing their job.

I told my employer yesterday that I'm four months pregnant and today they decided to send me home early due to lack of work and told me to call them about whether or not I could work tomorrow. Lets be clear on the fact that there is work for me to do. I've called 3 times about tomorrow and cannot get them to call me back. My employer told another employee that I was sent home because I chose not to do the work that was requested of me.

I find it interesting that they are doing the same things again that they did last time, 1 day after I told them that I was pregnant.

Why can I not be protected under the law? Is there anything that I can do?

 

[cbg]

If your employer still has under 15 employees, the only thing I see that you can do it lobby your elected representatives to change the law to include smaller employers. The law simply does not apply to employers with less than 15 employees, like it or not.

 

[lmmsnyder]

Yes, we still have under 15 employees. I feel like the law should protect everyone, regardless. I don't know what to say except that morally this is wrong, that this IS discrimination at it's best. Surely there is something else I can do besides lobby my elected representatives who most likely won't care or will not want to be bothered with this.

 

[cbg]

Such as what? The regulatory agencies that manage discrimination claims have told you that they can't help you. I can't create a law for you that doesn't exist.

 

[lmmsnyder]

I know that you are not able to change the laws or create them, and I do really appreciate your advice. I'm just scared, pregnant, and most likely going to be unemployed with babies at home that need me to be able to work, to pay the bills, etc. I also realize that it will be difficult to find someone to hire me while I am pregnant.

 

[bluemann33]

I know that you are not able to change the laws or create them, and I do really appreciate your advice. I'm just scared, pregnant, and most likely going to be unemployed with babies at home that need me to be able to work, to pay the bills, etc. I also realize that it will be difficult to find someone to hire me while I am pregnant.

Start looking for a new job so if you are let go you will have something lined up. You thought you were going to get terminated last time and it didnt happen so maybe this time will be the same. Good luck.