vicssnobunny
12-15-2004, 08:01 AM
IM LOCATED IN ORLANDO FL AND I HAVE BEEN WORKING FOR SAMS CLUB FOR A YEAR. IM PREGNANT AND IM 7 MONTHS , I BROUGHT A DOCTORS NOTE IN SAYING IM 27 PLUS WEEKS, I CAN CONTINUE TO WORK BUT NEED TO SIT DOWN EVERY 2 HOURS AND I CANT LIFT OVER 10 LBS. MY JOB SENT ME HOME WHEN I TURNED IN THIS NOTE AND SAID I NEEDED A DOCTORS RELEASE TO WORK OR I HAVE TO GO ON LEAVE NOW. IS THIS DISCRIMINATION? OTHER AREAS IN MY WORK HAVE CHAIRS. TIRE DEPARTMENT, LIQUOR STORE, MEMBERSHIP DESK. I WORK IN THE CIGARETTE DEPARTMENT WEAR I CAN NOT LEAVE THE CAGE AND I GET ABOUT 20 TO 30 CUSTOMERS A DAY. CAN THEY MAKE ME LEAVE? IF I CAN GO BACK, DO THEY HAVE TO PAY ME FOR THE DAY OF WORK I MISSED? :confused:
unionwayne
12-15-2004, 09:37 AM
If I'm not mistaken, Sam's Club is a Walmart company. They have a bad reputation with how they treat workers. Especially, with how they treat female employees.
To find out about your rights while pregnant, go to this link: http://www.afscme.org/wrkplace/wrfaq06.htm. Also, go to the EEOC website, www.eeoc.gov, to find out more information.
Good luck.
LConnell
12-15-2004, 09:56 AM
The Americans With Disabilities Act requires employers to make accommodations for employees, which may include an accommodation such as permitting the person to sit down on occasion. Unfortunately, pregnancy is not considered to be a "disability" under ADA.
Federal anti-discrimination laws do not require accommodation. Instead, it requires employers to treat pregnancy as with any other similar situation, such as a person who has a medical condition. If Sam's Club does permit others with similar restrictions to transfer to another area where seating is a possibility, they cannot withhold that option from you unless it is for a legitimate business reason, such as no openings are available. It seems hard to believe that such an opening doesn't exist, considering that this is a very busy time of the year.
Unfortunately, I agree that Sam's Club and Walmart are hard on their employees. They have been found to be guilty of discrimination many times in the past, especially with persons who are not able to perform their job to the full extent due to a medical condition. I would suggest you contact the US eeoc in your area to see if they know if this has been an issue with your employer there. They may be willing to assist you. Good luck.
