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View Full Version : Harrassment by employer for being pregnant...HELP!!!


paul3371
07-06-2006, 11:00 AM
Ladies...and gents...I need some advice. Here is my situation. I am 11 weeks pregnant. I worked full time as a paramedic prior to get pregnant. Anyway, after speaking to my Dr., he told me that there was no "medical" reason for me to be off of work. He said that he could give me a note taking my off work, but that I would not be paid anything (i.e.not paycheck and no disability). I turned this note into my employer-the guy was part owner and head of HR. He just walked off the job taking all my info with him.

Another part owner, who happened to have said the following to my supervisor (a very close friend of mine) the week before..."this is why I should just hire young guys...Sheri is just trying to f**k the company over with this pregnancy bull***t", called my doctor's office yesterday without calling me and letting my know. He spoke to the girl in charge of disability and told her that I was just trying to get out of work and that he needed a note saying I was clear to go back to work without restrictions. This girl did just that being unaware of the real situation...HELP!!! WHAT CAN I DO???

I called her today and told her how my company was treating me and she was appalled but said there was nothing she could do except refax the previous script taking my off work. This is nothing short of harrassment!!!

P.S. I don't feel this job is safe for someone who's pregnant and predisposed to being high risk (I had a conization last year). The week I went off of work I had a patient who was radioactive-tech told me not to sit by the patient, and a 400 lb. patient that we had to carry down a flight of unlit basement steps at 2 in the morning...not to mention I have to work 24-hr shifts....

Shopgirl75
07-06-2006, 11:07 AM
Well.... first of all, you can't be discriminated against for being pregnant. If your doctor cleared you for full duty, then you should be full duty. They have shown, from what you have said, clear signs of discrimination. Obviously illegal. Secondly, we have something called HIPPA. And if anyone at your doctor's office released any medical information about you without your knowledge or consent, that is BIG trouble. I am sure that one of the Senior members will come along here in a minute and let you know exactly what steps you can take in regards to your medical information being released. In my opinion you have several options here. It sounds like the best one at this point is to find new employment. You stated yourself that it is not necessarily something that someone who is pregnant should or would want to be doing. Good luck to you, I hope it works out.

ElleMD
07-06-2006, 11:24 AM
Actually, if your doctor wrote you a note to be off but there was no medical reason for it, then it is trying to get away with something. That leave isn't protected. Why doctors do this I have no idea, but your employer wouldn't have to abide by a note taking you off work with no medical reason. I cn understand why they would want clearance from your doctor to work if all you have provided is a note saying you need to be off.

Whether you subjectively feel it is best for you not to work or not is not at issue. If you don't feel comfortable doing your job despite your doctor's ok, you can either resign or apply for whatever type of leave would be available to anyone else who wishes to be off for a non-medical reason if such a thing exists.

While your doctor's office may have HiPAA restrictions on what info they can give withoutyour authorization, there is no such restriction on your employer's ability to ask for it.

Marketeer
07-06-2006, 11:28 AM
Your post is somewhat unclear in places. You worked as an EMT prior to getting pregnant. Where are you working now? Has your doctor given you a note indicating medical restrictions or did he say that you have none? How long have you worked at your current job? How many employees does your current job have within 75 miles of your job site?

You cannot be discrminated against for being pregnant (and one dumb comment from one individual does not make a case for discrimination), but you also don't get special treatment for being pregnant either. You only have to be treated the same that the employer would treat any non-pregnant employee who has medical restrictions.

Whether you would eligible for short-term disability if you have to take time off of work due to pregnancy-related problems depends on 1) whether you live in one of the few states that has state disabillity programs that cover pregnancy or 2) whether your employer offers a short-term disability plan.

This is not really a HIPAA (not HIPPA) situation either. HIPAA primarily covers the privacy of medical information that is store electronically and transmitted electronically between doctors office and insurance companies. It doesn't cover doctors notes that the employee voluntarily submits to the employer. If you were asking for an accommodation of a pregnancy related disability and the doctor's note was unclear, the employer can ask for clarification.

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