Legal Question Pregancy And Work

5 Replies
kmaraney - January 25

ok...this question would be much easier if I had a desk job, the laws are much more defined as far as pregnancy discrimination. however, I am 16 weeks (beer gut showing). I have been waitressing on and off all my life and have been at this one job since October. It is my only means of money. In the beginnning I was given 6-7 shifts a week (night shifts +) doubles, etc. A couple of weeks ago I agreed with mgmt that doubles were too much on my feet, which was fine (12 + hours on feet). Now though, they are trying to reduce my hours/shifts to 3-4 days a week (days only which is a difference of about 100/cash a shift vs. night) because they are worried about their "liability". I explained to my manager that this is the best time for me to work, energy, etc. 4-7 months and that I am trying to work as much as possible so I have money saved when I can no longer waitress (whenever that is) so the question::: legally, I would think it is my decision of how long I can wait tables and I know that they can not just reduce my hours due to pregancy. But being the restaurant industry this is more difficult to fight (also where they prefer hiring hooters girls, no offence to anyone, vs. pregnant people) any legal advice??? thank you... frustrated !!

 

pebblesnbambam - January 25

There are a few "protected cla__ses" whether you are working at a desk job, waitress or stripper!!! Race, Color,Religion,Pregnancy,S_x,National Origin,Age,Disability,Veteran Status and S_xual Orientation. So yes, pregnancy is a protected cla__s. If you feel up to working more shifts, I would have your doctor write you a note stating that you can work x hours per day, x times per week and give that to them. That would cut their liability since doctor is approving and you are saying you want to work. If they continue to cut your hours due to "liability" remind them of the liability they may face with a discrimination charge. You can get free consultations from many lawyers now a days and being that you are pregnant, many would jump on that chance since it is pretty clear cut that it is a protected cla__s. Good luck!

 

Tracy88 - January 25

I think that's excellent advice pebbles! and just for the record kmaraney (I am laughing as I type this and in No way offended) I worked for Hooters during college and even they let pregnant girls work all they wanted. I think Pebbles gave you all the advice you need. Get that doctor's not so there's doc_mentation involved and good luck to you! Let us know how things work out.

 

Tracy88 - January 25

Sorry, supposed to say Doctor's "note" near the end there!

 

squished - January 25

I'm also a server while I am back in school. I just transferred across country with the same restaurant and the new one doesn't know that I'm pregnant. At my old one though I explained to them that doubles were killing me and to please take me off of them. It's not right for them to discriminate against you b/c you asked to cut your shifts. People all the time at my work are changing their schedules b/c of family obligations or school.....what is different about that? NOTHING!! I'm not too sure what "liability" they are talking about with letting you work nights. Good Luck!

 

kmaraney - January 25

Thanks for all your advice. I am going to get a Doctors' note as well, I am worried that she may not want to be held liable for anything too, but I'll see... squished...I didn't want to be cut from any shifts only doubles :))) which as you guys know is a little tough on the feet. thanks too pebbles. We will see what happens. If not I just got another job offer at another restaurant so I'll just have 2-3 different jobs ;)

 

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