Share Your Story: Have you faced pregnancy discrimination in the workplace?
Courts have created a pregnancy loophole that allows many employers to refuse to accommodate even simple requests to help workers maintain healthy pregnancies. Pregnant women have been fired because they asked to avoid heavy lifting, or to stay off ladders, or to sit on a stool instead of standing at a cash register all day. It happens a lot. Maybe it happened to you.
Did your employer refuse to make simple modifications that you needed because of your pregnancy? Did you lose your job? Were you forced to take unpaid leave? Or did you just decide to ignore your doctor's advice so you could keep working? Please tell us about it. Don't worry, we understand that this is personal. We will follow up with you if we are interested in sharing your story with Members of Congress, press, etc.
If you would rather communicate your story with us privately, please email us at info@nwlc.org.
Please note: The views expressed in the stories below are those of the authors themselves and do not necessarily reflect the opinions of the National Women's Law Center. All statements of fact in these stories have been provided by the individual authors, and the National Women's Law Center cannot and does not vouch for their accuracy. The Center will compile the stories and may use them, in whole or in part, in our advocacy efforts.
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Your Stories
Barbara DeFratis
Stow, Ohio, Wendy's Rest.
Before I worked at Wendy's, I worked at a Cleaning Service--called Bedknobs & Broomstixs (2004-2008), where I worked with many women--mostly African-American women. There was one whom I will never forget-- a young African-American by the name of 'Kenya'. I remember that she was pregnant a couple of times. I remember us older women did our very best to keep her work load light so that she would not miscarry--God forgive me-we failed. After all, our boss an Holier than thou Right-Winger kept on increasing 'Kenya's' work load pregnant or not--that we became too exhausted to save her from losing any of her babies, which she and her boyfriend conceived out of wedlock, which justified everything our boss, Lora Campe-deciple of her 'Most Holy Older Sister-Ethel 'Jane'-, did on the schedual, which she claimed to schedual as many hours as possible, because she claimed to understand how expensive it is to raise children--unfortunately no pregnancy got that far.
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Heather Miller
, MD, GNA
I first found out I was pregnant in June 2010. Although it wasn't exactly planned, we were excited. I worked (and still do) as an aide at a local nursing home, which requires heavy lifting. I was informed that there is no light duty and was expected to work as I normally would. although my co-workers tried to help out, they couldn't always. I ended up having a miscarriage in August. My husband and I were devastated. the doctor said he Didn't know the exact cause. but I wasn't smoking. I wasn't all too stressed. but I was forced to lift for my job.
I found out Nov 17th I was yet again pregnant. We were trying but never expected it to happen so fast. my husband got laid off from work and my employer knew about my previous miscarriage. I was yet informed "no light duty". I couldn't afford to stop working. I gave birth to a beautiful and healthy baby boy in July 2011. thank the Good Lord above:)
Although I can say during my 2nd pregnancy, I remember many days I almost passed out bbecause it was so hot and I was told I wasn't allowed to turn on a fan. "Others might get cold" and another incident I was about 6 months pregnant and got cornered in a bathroom by a lady with Alzheimer's, getting the crap beat out of me.
my employer had no concern for my health or my unborn baby's health. I didn't want to be lazy or put my work on others. all I asked was not to lift and to not have to work with the residents with violent behavior issues, but I guess that was asking to much.
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Lynda Beigel
San Francisco, CA, Retired Letter Carrier
In 1977 the SF post office had a company doctor who did not believe in equity or the ability of pregnant women to work. He finally got to see me in my 8th month and indulged himself in an illegal lay off. Thank goodness for Union Contracts, great stewards, workers willing to provide supportive statements, and sensible Administrative Law Judges -- full back pay for the month my doctor and I agreed I could still work full time carrying loads of up to 35 pounds (in addition to the foetus and his - it is a he - additional poundage) up and down the hills of San Francisco's Richmond District. Oh, yes, late in the seventh month this 36 year old woman of 5'2" and previously 120 pounds had pushed a stalled Volks bug out of the intersection, at work on the clock, with its owner.
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Renie
, ohio, Information Technology
I do not have a pregnancy story however, I do have a chronic health condition that requires me to take medication to assist with helping me stay energized when I need to be. Anyway, at the beginning of being diagnosed with this chronic illness, there were times that I did feel the symptoms that they said I might experience, The doctor decided to -prescribe me with stronger medication to get my health condition under control which made me appear as if I was starving. I had to inform someone that I had not been feeling well the one day and I rarely call in sick, only when I am seriousy sick.Well once they found out about this condition. suddenty my contract ended. I feel that they should be accomodating to those with partial disabilities who are unable to live on disability but at the same time. have a disabiilty because of the nature of the chronic illness. I do need to eat. take my medication and get the adeuqate work/life balance that is required to keep this condition under control. They would be better off with me being able to maintain my health then trying to burn me out.Currently where I work, they seem to regard takling a normal break to avoid burnout on the job unreliable. They work us overtime without any overtime pay because we agreed on salary which I do not think is fair beause I could use the additional money to catch up on bills since it was a very long recession and others are still looking for worl.. One of my friends was just offered a job and she has a more difficult time because of being older. I suport women who have a pregnancy condition that have to put up with this nonsense just to work. I did not ask for this illness nor did anything that I am aware of to cause it because I was informed that there is no cure.
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Richard Seese
Toronto,, South Dakota, Retired
I am not pregnant, have never been pregnant, nor do I forsee any time when I may be pregnant. I do support your efforts for those who are/have been/will be pregnant and affordable, quality, single payer health care for all. I support the rights of Women, Children, Seniors, Veterans, active military and all other peoples.Richard Seese (Senior/Veteran/Male)
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Carmen
Denver, CO, QA
When I got pregnant with my second child, I worked for a Korean Software company in Honolulu, HI. When I told my employer that I was pregnant, I was told that pregnant women are a liability, emotionally unpredictable and unreliable. I was terminated the same day. I did consult with several lawyers in Hawaii, but was told that it would be in my best interest not to sue if I wanted to work again after my delivery. If I decided to sue, I would be blacklisted. Since I stayed for another 3 years in Hawaii, I decided not to sue. After my son was born, I returned to work for a different company.
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Jacqueline Davenport
Takoma Park, Maryland, Bookkeeper/Business owner
I was fired 10 days before my first child was born. I had given my boss a surprise birthday party the night before., but he fired me nonetheless -- he really believed that pregnant women can not perform job functions. The lawyer that represented me still uses my case in his law school class on employment discrimination. It was such a horendous experience (we had just bought our first home) that I started my own business and never worked for someone else again. Fortunately for me, I had a skill that allowed me to be successful as a small business owner. But the loss of a job because you are pregnant still happens today. And it's criminal.
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Kristin
, Georgia, Childcare provider
I was working for a childcare facility when I became pregnant with my son. 4 months before I was due, I took a fall and was out of work for 2 weeks to recouperate and have a few tests done to ensure that everything was ok with both me and the baby. After that 2 weeks I obtained medical clearance from my doctors to return to work with the following restrictions: No lifting anything over 25 pounds and a shortened work day from 8 hours to 4-6 hours. My employer, upon receiving my medical clearance, refused to allow me to return until I could lift the required 50 pounds, as per my contract. They said that I had to be able to lift a minimum of 50 pounds in order to work, but a review of my work contract showed that I was only to be able to lift UP TO 50 pounds and not that weight as a minimum. I continued to keep in contact with my employer, asking what the status of my employment was (basically trying to find out if I still had a job to come back to) and I always got the same answer: When you are able to lift the weight required. The kicker here is that my co-teacher had abdominal surgery and was allowed to return with a weight restriction. I then received an email with medical forms attached that my employer wanted me to sign and send to my doctor. Upon closer inspection I realized that the fine print of the forms was waiving my right to privacy and allowing my employer unrestricted access to my medical records. I refused to sign them (the employer had no reason to view anything in my medical history that was not pertinent to this pregnancy) and instead had my doctors fax updated notes, including all of the information my employer was supposedly looking for with these medical forms (which was more detailed information about the duration of my restrictions,etc). Finally, 3 weeks before my due date, my employer wanted me to meet to discuss the terms of my return before the baby's birth. They were to schedule the meeting 2 weeks before the due date I informed them that I was due in 3 weeks and would likely be induced in 1 week after the scheduled meeting and that it did not make sense for me to return for a week's time. They agreed to meet with me after my maternity leave. Three weeks into my maternity leave, I met with them to discuss my return to work. I was told that my status would be "new hire" because I'd be hired into a different position than the one I had prior to my "leave" (which was forced, unpaid leave, by the way, during which time I was forced to obtain government assistance to supplement my loss of income). I questioned this and asked if I had been terminated and they danced around the question, trying to say that it was only because I was being put in a new position, etc. They finally admitted that the position had been terminated when I "chose" not to return (and I reminded them that they would not allow me to return and that it was not my choice, but their's). I never received any documentation of my termination, never even got so much as a phone call. In fact, I have several saved emails in which I inquire about my employment status and the response emails that contain no mention of termination. Because I didn't know of my termination, I couldn't collect unemployment during that time and when I asked the Dept of Labor about it, they said that because I'd been offered a "new" position with the company and declined, that I was now ineligible for unemployment. I tried contacting the EEOC, but was told that there wasn't sufficient information to pursue the case and it was left at that. It was maddening because during that time I could have been searching for another job or been working at that job to feed my family.
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John Cole
Wheaton, IL,
This story didn't, obviously, happen to me, but it is germaine to the topic. Employed with a large, southern book retailer, I worked with a woman who was pregnant. In talking to the woman one day, she told me that she would have to work right up to the time she delivered, not being able to afford not to work and not being offered a maternity leave through our company. I thought that was horrible, as her job involved lifting heavy cartons of magazines. From that point on, myself and several others made it a point to unload the cartons and line them up along the aisle so that she wouldn't have to lift them. No "lighter" position was offered to her; she had to either do the heavy job, or quit. She was working out the magazine shipment when her water broke and she had to have someone drive her to the hospital. Horrible that these companies put women in a position where they have to do such things, sometimes at the risk of their own health and the baby's. And in all the years that have passed since this incident happened, I can't say that I've seen things get much better.
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Sonya Jelks
Meriden, CT, Information Technology
In 2004, I was working for a small IT firm based out of Seattle, Washington as an IT account executive when had my first pregnancy. Because I was based out of my home in CT and frequently traveled to my clients, I was rarely in the home office, thus I didn't immediately inform my employer of my pregnancy. But in preparation of maternity leave, at 7 months I sent an email notification to my boss and the company owner to notify him of my need for maternity leave in about a month or so. If you can believe it, the following day, I received a call notifying me of my immediate layoff. I was offered an additional severage package a few days later (I guess after someone thought about the legal ramifications) but only if I signed documents stating that I wouldn't sue and etc. I did not accept the severage, but I also did not sue. After some research into employment lawsuits, I deduced that I a mere individual, could not afford to take a company to court. Not only was I now unemployed, but I was also awaiting the arrival of my 1st child and thus made the decision to put my meager financial resources into preparation for my baby. Later I did file a complaint with the EEOC but their findings many months later were inconclusive and did not assign fault one way or the other. I was instructed by the EEOC that I could continue to file a lawsuit if that was my desire, but again, I was really not in the right mind as a new mother with a new baby nor was I in the right financial situation to fight the layoff in court.
It was a very stressful experience and I even delivered my child 3 weeks before her due date. It was truly a tough period for me... I am now of the mind that companies don't care about mothers or families. It was a tough lesson to learn but I make it a point as a professional woman not to discuss my kids or family obligations in my work environment so that I'm not penalized professionally.
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