Mama Rights. I need your help!
A dear dear family member is being fired due to her pregnancy.
I know it is illegal for most companies, but the one she works for is very small (4 or 5 employees). I know that legally small companies are not held to the same standards as large ones.
Does anyone know if this is legal?
Thanks so much mamas.
Boomer is so 2005.
If they were dumb enough to actually say to her that they were letting her go because she was pregnant, she's definitely got a case.
The FMLA has an employer-size threshold of 50. Title 7 of the Civil Rights Act, amended to cover pregnancy discrimination, does not.
From EEOC.gov:
Hiring
An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers.
Pregnancy and Maternity Leave
An employer may not single out pregnancy related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy related conditions to submit such statements.
If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.
Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth.
Employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave.
~*Now with more fist*~
~*Now with more fist*~
I'm not sure but I do think the laws are different for small companies becasue they can't afford to be without an employee, BUT i would think they have to let her work until she can't any longer.
Jessica
I'm strong, I'm tough, I still wear my eyeliner...Lisa Leslie
Jessica
Be who you are and say what you feel because those who mind don't matter and those who matter don't mind~~Dr.Seuss
Fucked up. Then again, I'm not a lawyer.
~*Now with more fist*~
not 50 but under 15 and they don't have to abide by it.
it sucks. totally sucks.
"you can't get to freedom on Pharoah's chariot" - MLK Jr.
They are great. Spoke with some of their folks at a conference once.
~*Now with more fist*~
I was under the impression that it IS legal for private companies with under 10 employees to fire people for being pregnant.
I truly hope I'm wrong about this. Is there a free legal services hotline in your area? I'd go straight to a lawyer with this one...
_________
"It takes a village, people!"
- Carson Kressley
but they were smart - they were lawyers and they never said that exactly - they also "let me go" with severence, etc.
if you are under 50 people you are not covered under the family leave act and you have to show out right discrimination (meaning they have to show that someone else was NOT fired for being sick and your family member was fired for being pregnant).
i would recommend talking to a lawyer though. i did and it helped clarify for me.
"you can't get to freedom on Pharoah's chariot" - MLK Jr.
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Her: "Im pregnant"
Them: not happy at all..."Well, we don't know what we are going to do. We have to think about it." Assholes.
She hasn't spoken to them since Friday but believes that they are going to fire her, so she wants to be armed. YOur info is exactly what she needs. Thanks so much.