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puella
03-25-2008, 03:12 PM
Hi, I'm a chemist and have worked for the company in question for 3yrs. I told my supervisor that I was pregnant the day after I found out. Initially, I was told that whatever decision I came to regarding whether or not I stayed in the lab (versus moving to paperwork - which would not be a change in my job function) that the decision would be supported. It's been 11 wks since that conversation and in that time I have come under extreme pressure to continue working in the lab. What is disturbing me (other than the 180 degree change) is that I came to a point in a project that I'd been working on and could no longer work on it safely (since I'm pregnant - this is safe for non-pregnant people). I worked with my supervisor keeping him in the loop and tried various experiments to find an alternate means to complete the project safely and unfortunately none of them worked. I spoke with my supervisor Several times letting him know that there was simply nothing else for me to do given the safety issues and his response REpeatedly was that I had to continue. He offered no explanation of how the safety issue would be addressed (other than one idea that i tested and found not to work). The discussion escalated and his supervisor was involved and they both have taken the stance that "Pregnancy is not a disability" and that it would be illegal for them to give me another project instead of this one. I am totally flabbergasted. I have never said that pregnancy is a disability! I'm asking for a safe working environment given that the products we work with are toxic to a developing fetus (according to the FDA).

Basically, I don't know what to do. I have refused to do the work and have worked with my lab partners to combine their projects and mine so that all the work is being done. I help them with their projects and they help me with mine. This is a short-term fix for me, but what about the other women in my lab that don't have lab partners to help them or switch sections of projects with?

Is management correct, that they can not give me another project b/c it would be discrimination (even though it's clearly and documented as unsafe for pregnant women) and that would open them to law suits? Is it okay for them to put so much pressure on me or anyone to do this? I was told by 2 separate supervisors (one of them my own) that quiting is an option and that if I went to paperwork (technical writing and review which is much needed in the lab and would not be a job change) "Who says I'd have a job?"

I'm frustrated.

Any help would be appreciated. Where can I find the official Ohio law on Pregnancy and science lab work?

THANKS!!!

ElleMD
03-26-2008, 12:12 AM
There is no law on science and lab work. It just isn't the type of issue that a law would address.

Yes removing you from the lab could be seen as a violation of the law. Unless there is a medical reason you can not perform the work, in which case you could be placed on FMLA if appropriate, your employer can insist they you continue as before.

TheRed
03-26-2008, 12:45 AM
There is even a big Supreme Court case on point. International Union, ... , UAW v. Johnson Controls, Inc. 499 U.S. 187, 111 S.Ct. 1196 (1991)

The issue before the court involved a work rule barring pregnant women and women of childbearing age from working on the battery manufacturing line, since there were health risks to a fetus. (Lead, etc. As a chemist you know this better then I do.)


Johnson Controls, Inc. lost the class action suit filed by it's female employees.

Morgana
03-26-2008, 05:14 AM
Have you spoken with your physician, presented him/her with a copy of your job description and gotten a written letter from the physician detailing what you can and cant do?

That would be my suggestion, if you havent done it already.

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