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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38803
Experience:  Retired (mostly)
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I am 20 weeks pregnant. When I was in my first trimester I

Customer Question

JA: Hi. How can we help?
Customer: I am 20 weeks pregnant. When I was in my first trimester I made errors due to being exhausted and tired. That was highlighted in my review. My manager make my environment stressful and highlight my small errors. I was informed today that I have 30 days to be perfect or they are going to fire me I left my job of 8 yrs in ATL to start a new line a work they were well aware of me being new to this line of work I did not find out I was pregnant until I was 11 weeks I was informed of my mistakes around 13
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: FL
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time they have unpaid maternity leave
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have communicated the hostile evvironment to the Director we had a sit down with the manager and it is known that her management style caused others to quit which was communicated to me by the Director and others
Submitted: 7 months ago.
Category: Employment Law
Expert:  socrateaser replied 7 months ago.


Have you requested "reasonable accommodations" for your disability (pregnancy is considered a disability if it causes you to be "unable to perform the essential functions of your job" without reasonable accommodations from your employer.

Note: the quoted terms are "legal magic words," which equate to a claim of pregnancy discrimination under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act.

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Expert:  socrateaser replied 7 months ago.

Was that a yes or a no?

Customer: replied 7 months ago.
No. I am not on bedrest or have extreme pregnancy complication
Expert:  socrateaser replied 7 months ago.

Hello again,

Sorry for the delay. Though it's not absolutely required that you request reasonable accommodations from an employer for disability, it's generally better that you actually do so, and do so in writing, so that there's proof of when and to whom the request was made.

The difficulty here is that your employer will undoubtedly claim it had no knowledge of your pregnancy until after you were warned about your job performance. However, if you provide the reasonable accommodations request now, and you are having difficulty performing by day 30 of your probation period, then you have a plausible claim that, although you were unaware that your pregnancy was causing you difficulties, at the time you were originally warned about your performance. your subsequent discovery and notification of your condition to your employer, is being ignored in the employer's evaluation of your performance -- because you are not receiving reasonable accommodations for the disability.

You also should visit with your physician and see if he/she will certify that you are suffering from unusual exhaustion (perhaps anemic, or other hormonal issues), and that you need reasonable accommodations for this reason. A physician's note may cause the employer to think twice about terminating you while you are pregnant, because there will be professional evidence related to your difficulties.

If all else fails, then by doing what I'm suggesting, and if you are subsequently fired regardless, then you will have evidence to support a pregnancy discrimination claim that you can file with the Equal Employment Opportunity Commission (EEOC).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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