Legal Question in Discrimination Law in Hawaii

Pregancy discrimination

I started a new job 2 months ago as a Housekeeping Maid. I just found out I am pregnant and now my doctor advises only ''light duty'' with ''no lifting''. Can my employer terminate me if there is no other type of job available since I was hired as a Maid and the company really needs a Maid?


Asked on 5/22/07, 5:19 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Pregancy discrimination

If your doctor is telling the company that you can only do light duty, and the company doesn't have anywhere to put you, then yes you can be let go. FMLA would not seem to apply and you are probably in an at-will state.

Call up a local firm that does employment work and ask simply "Is Hawaii and at-will employment state?"

If yes, you can be fired for any reason, so long as it is not a pretext for firing you BECAUSE of your pregnancy.

The second part of your question implies that you have some negotiating power, so you ought to use it and find another position (or another job) that puts your baby's health front and center.

Above all, think before telling your employer anything they don't need to know, because once you tell them, you better believe they will start looking at their options.

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Answered on 5/23/07, 1:18 pm


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