Any woman who has ever suffered a miscarriage finds herself facing a wall of guilt. Did she eat the wrong thing? Not get enough sleep? Exercise too much? Doctors will tell women there is nothing they really could have done to prevent the miscarriage; if the pregnancy isn’t viable, it will end itself. Some women, however, are left with the reality that their strenuous job and pregnancy discrimination could have been a direct cause of their miscarriage.
Employers Who Neglect Pregnant Employees
An investigation by The New York Times has found that pregnant women in backbreaking jobs – pushing heavy carts, lugging large boxes, flipping mattresses – lost their pregnancies after their employers ignored doctors’ notes or denied requests for light duty.
Warehouse workers, many of them women, lift and drag heavy boxes. They work in overheated conditions. Often, workers faint. And, for some, the heavy lifting and dangerous environment threatened their pregnancies. Several women had miscarriages in the same warehouse over the course of a year. Those same women requested less taxing workloads and shorter shifts, per their doctor’s notes. They say their supervisors disregarded the letters.
Pregnancy discrimination is a reality in all areas of the workforce. Not only are the physical limitations of expectant mothers often ignored, some women find themselves being denied pay raises, promotions, or being fired before their maternity leave even begins.
Preventing Pregnancy Discrimination
It’s not just miscarriages that women have suffered on the job and because of their job. Premature birth also occurred, and giving birth before 36 weeks could prove fatal to any developing baby. From hospitals to airports, grocery stores to restaurants, hotels to the post office, pregnant women have not been accommodated.
Under federal law, employers are not required to adjust a pregnant woman’s requests for lighter work and they can disregard a doctor’s recommendation. Though there is the Pregnancy Discrimination Act, the only federal law designed to protect pregnant women on the job, it is an archaic law and says that a pregnant worker’s requests only need be accommodated if other employees with similar restrictions in their ability to work are also accommodated.
If a company has the reputation of treating all employees poorly, a pregnant woman should not expect any special treatment either. The company is not obligated to make exceptions for an expectant mother. And taking more breaks or a longer lunch than sanctioned might result in dismissal.
Sharing the Load
The companies under scrutiny by the Times investigation defend themselves, claiming they prioritize their workers’ safety and do not tolerate discrimination of any kind. The women who have suffered disagree.
Research has shown that there is a link between fetal death and physically demanding work, but the connection is difficult to measure. Lifting and bending could reduce blood flow to the uterus and from a woman’s womb to her muscles. Women who already have high-risk pregnancies are in the greatest danger of losing their pregnancies. Pre-existing conditions and lifestyle choices also enter the equation, altering the risks.
The American College of Obstetricians and Gynecologists, however, just this year updated their guidelines to say there is “a slight to modest increased risk of miscarriage” for women who do extensive lifting in their line of work.
Are Employers Guilty of Pregnancy Discrimination?
Employers who neglect to care for their employees – pregnant or not – are at risk of negligence for ignoring their employees’ medical recommendations and potentially jeopardizing their health. For many pregnant women who work in these taxing jobs, they risk losing a pregnancy or losing their employment, so many keep going until disaster strikes.
If you have been a victim of pregnancy discrimination, whether on or off the jobsite, or if you have lost a child because of the negligence of others, contact Thurswell Law for a free consultation with a personal injury lawyer. You have the right to compensation for your pain and suffering. We do not charge any fees unless you collect. Call (248) 354-2222 today to schedule your consultation.
