Legal Question in Employment Law in Tennessee
company giving my wife hard time at work due to pregancy
My wife is 4 months pregnant She operates different equipment at her job.Because of her pregancy there are a few jobs that she cannot perform.But many others that she can.She was told by her HR Manager that her supervisor could put her on any job he chose and if she could not do the job,that he could send her home.this would cause her to get an occurance,which after 6 of these she could be fired.My wife wants to work up to a few weeks before having the baby.But she has already lost a baby in 1998 due to working at this company,we cannot loose another child,But also we don,t want her to loose her job.The company could move her to a job that she could perform but they are not going to do it, is there anything we can do to say our child and her job?
1 Answer from Attorneys
Re: company giving my wife hard time at work due to pregancy
Your wife may have recourse under the Pregnancy Discrimination Act ("PDA"). The PDA essentially puts a woman's pregnancy on the same footing as any other temporary condition to which men are subject. This means that if the company has male employees that have some type of short-term disability or injury that makes it difficult for them to work certain jobs and the employer finds other jobs for them, then there may be an obligation to do the same thing for your wife. I use the word "may" in the preceding sentence, because the analysis requires that your wife be "similarly situated" to the male employees in question. This is not a complicated analysis, but requires more space than is possible to answer in a simple posting.
I would recommend that you contact a lawyer immediately to consult with about your situation. Whether it is me or someone else, make sure you talk to an experienced labor and employment law attorney about your rights and options. There may be steps which the attorney can take to improve your wife's situation.
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