I started working at the Animal Hospital of Panama City Beach in Florida on September 15, 2005. After about a month of working there I found out I was pregnant,then told my employer.After I had been working here for almost five months.(around the end of January 2006) I had heard that my employer was going to move someone in kennel up to supervisor. It was expected to be a co-worker of mine that had been there the longest which was six months. But she did not want the postion due to some personal situations so I was expected to be offered the position. But I wasn't the position had been handed over to another co-worker who was still in training and had not been there even 90 days.I asked this co-worker if she knew why I was skipped and she said our employer said I couldn't do it because I was pregnant.This was the first sign of discrimination toward me. Then the first week of Febuary 2006, I was asked of by my employer to have my doctor read over my job description and check off the tasks she would not want me to do.Even though at my previous doctor appointments my doctor had wrote me three doctor notes. One saying not to exceed lifting 20 pounds,another was to not deal with any cat fecis, and the other to not be enclosed with noxious fumes.These were the only restrictions my doctor felt were nescessary. Even with these notes my employer said they were not enough and would have to have my doctor review and sign the description. So she had a copy faxed to my doctor, the next day she toid me if they did not have it in to her by the end of the day I would not be able to come to work until she had it. After work I contacted the head of the payroll Amstaff and explained to a women named Bridgette that my doctor was very busy and would get to it when she could she said that would be fine.I also told her about How I felt I was being discriminated by being skipped for the supvisor postion, said she would get back with me on Monday about it. But the next day I was unable to stay at work and was sent home by my employer. It was on a friday so i had to wait until Monday to hear back with her, I missed a total of 16 hours. Finally my employer received the signed job description and her and I reviewed it. She said since there were so many restrictions they would need to find things for me to do. She also pulled me aside and said "I heard you spoke with Amstaff about the supervisor posistion, and the reason I didn't pick you was because you have no experience".I took that reason under consideration but when I told the co-worker that had just became supervisor she said she had no experience and she got the job. Neither did the first co-worker my employer had offered the job to. So I knew she was trying to find another excuss for not giving me the position.Today Febuary 23,2006 I was brought to my employers office and she told me instead of working my 40 hour weeks I would only be working two hours a day, a total of ten hours a week. Because there was so little I could do which is not the case, it is an animal hospital there is alot she could find for me.Then she sent me home even though I had only worked four of the twelve hour day I was suppose to. I explained to her that this income was the only money coming in to support me and my unborn baby but she caredless.I am seven months pregnant so there isn't anywhere I can work and get benefits. Aside from my employer I love my job and I work very hard at it. Everyone at my work agree this is discrimination and some have suggested that I seek an attorney, so that is what I am doing. I hope you can help by at least telling me if this is a discrimination case and whether or not I should persue it. Thank You for taking your time to read this, and I hope to hear your reply soon.
ElleMD
02-26-2006, 07:47 PM
Several things, how many employees does your employer have?
Unless all promotions are given just on the basis of seniority, it was not a sign of discrimination not to offer it to you. It *may* have been, but just not being offered it isn't reason enough. If you could not perform the tasks of this job, that is a valid reason not to have promoted you.
That goes for your regular job as well. It was actually wise of your employer to have your doctor review your entire job description to see what yo ucould and could not do. It was also adviseable for them to send you home while they awaited the results. I can't tell you how often I've gotten additional restrictions back after the doctor has seen the full job description, not to mention the number of times what I would have had the employee doing while we waited for the results would have violated the doctor's orders.
Your employer is not obligated to accommodate your modified restrictions and find something that you can do your regular number of hours. No law requires that, particularly for temporary medical conditions.
I'm sorry the news isn't better, but your employer appears to be trying to make sure you stay safe and is willing to accommodate you to some extent with the 2 days a week.
jturner
02-26-2006, 09:27 PM
Thank you for replying, there is about 20 employees at the hospital. And as far as the promotion I guess you would have to know the one she did promote to supervisor. The supervisors only duty is to watch over the ones in kennel making sure there doing there job. And to assist them when needed. When I went to my employer to ask why I wasn't suitable for promotion she said I needed to have supervisor expreience(which is understandable). But the new supervisor laught when I told her this because she said she only worked at another animal hospital for two months. So I went to another supervisor and asked what experience was needed and she said it goes to the one who has been in that position the longest. I guess it just really feels like discrimination because of the way my employer is towards me, which is noticed by everyone. Thank you for your reply I hope this will work it self out and I am trying not to stress out about it. :)
ElleMD
02-27-2006, 08:53 AM
Did the person who was chosen for the promotion have supervisory experience elsewhere that wasn't in a veterinary setting? Was the 2 months experience that she did have as a supervisor? If so, that would be legitimate reason to choose the new person over you. You may disagree that this was the best way to decide, but it is still valid. What the supervisor who was not responsible for the decision felt should happen isn't relevant.
Now if this newly promoted coworker never had any supervisory experience at all and had less overall experience in veterinary settings, then your case begins to look more like pregnancy discrimination.
jturner
02-27-2006, 04:43 PM
Thank you for replying again, I asked the new supervisor where she had worked previously and she told me she was an assistant to a groomer for about two weeks and then went to animal care center (another animal hospital) and worked off and on there with her sister in kennel. But then had to look for another job due to problems with her sister, so she came to work at this hospital. The two months she was working not as supervisor was only for kennel position which is what I have been doing for almost six months. It was mine and another co-workers responsibility to teach her everything required in this position.
jturner
03-07-2006, 09:32 PM
Does the experience only count if it's a supervisor position? Because this is my first job, could that be a legitament reason for her not to make me supervisor?
jturner
03-07-2006, 09:59 PM
Another issue appeared at my job again. Last week I asked my employer if I could get my doctor to read my entire to do list and circle the things I could do. So I could get my hours back, she said if changes were made she would adjust my hours. But when I went to work today with my list saying I could do everything except poop scoop the yard, stock inventory if over 20lbs.,and clean cat cages. I was told it doesn't change anything because of my weight restriction. Even though the only heavy lifting really envolved is putting a dog in the bath tub. But I always have someone there to assist me if the dog weighs over 20lbs. I just don't get how my weight restriction can cause me to go from 40-42 hours a week to 10-12 hours. I asked another supervisor if the two previous pregnant workers had their hours reduced due to their weight restriction and she said they hadn't. Another thing is my employer is making it very clear she wants me to quit. Because It was on a friday my doctors office sent her my advised to do list so i thought I would be able to stay at work longer so on saturday I was asked by a supervisor if I was able to stay for the rest of the day because otherwise there would be no one in kennel, so I stayed figuring it would be fine. But this morning I was writen up because my employer said since the weight restriction was not changed I shouldn't have stayed.
ElleMD
03-08-2006, 07:13 AM
I'm not an expert on vets to be sure, but I do have a sister in law who is a veterinary assistant for a small practice and she does a lot more lifting than just putting dogs in the tub to wash. If you can not safely lift over 20 lbs., that means they have to schedule two people in your slot so someone is available to help you if needed. If there just aren't that many duties that don't involve or potentially involve lifting, then yes, they can cut your hours. Again, I don't work there so I don't know the set up or what exactly you do all day or how many pets are over 20 lbs., but I'm telling you that from what I know of vets, it at least appears reasonable that there wouldn't be 40 hours of work for you to do with your restrictions. It doesn't jump out as a red flag. Now if you were just the FT Receptionist for the practice and only answered phones and filed, it would be more suspicious that your hours were cut. One wouldn't expect the FT Receptionist to be lifting over 20 lbs all that often so it would look more like an excuse.
Yes, if this is your first job ever, I would have been surprised if they put you in a supervisory role after just a few months of employment. That is why I asked about the others person's work experience in general, not just in vets or her most recent job. Even just having experience from several employers can be valuable when supervising. Technical skills can be taught but the experience that comes from multiple jobs and a longer work history is much harder to duplicate.
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