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10:54 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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I believe I was fired and treated unfairly because of my pregnancy. Is it legal to fire somone because of a pregnancy?
Question: I worked for a company for 3 years without any complaints/disciplinary
action until I told them that I was pregnant. The response that I got
was that it is awful and that I am too smart to be pregnant. My
supervisor clearly let me know that she did not agree with my pregnancy.
My job involved lifting boxes well over 30lbs. My weight restriction is
20lbs. It took my supervisor 1.5 months to get someone to lift the
boxes in the meantime, I was expected to continue lifting them. 3 weeks
after I disclosed my pregnancy, I was given a written warning for not
clocking in on time, not wearing a name tag and for not moving boxes
that were over 20lbs. yes, I had clocked in late a few times, but that
was because i had morning sickness. it wouldn't have been an issue if
the other pregnant women who came in a few minutes late or rearranged
their schedule around their morning sickness were treated the same way i
had been. A month later I requested a progress report and was told t!
hat everything was good and nothing had to be worked on. During these
months a few people had told me that my supervisor had been heard
talking about letting me go because she did not agree with my personal
decision regarding my pregnancy. I am 23 years old, not married. there
were 4 other pregnant women working at the same time. All but one of
them is married. they were never given an issue about their pregnancy.
the other unmarried girl, was given issues. on november 14 i was called
in for a meeting and fired. when asked why, i was told "it is not a
concern at this moment" i believe i was fired and treated unfairly due
to my pregnancy. is it legal to fire someone over a pregnancy or to
discriminate against due to personal feeling of one's pregnancy? and if
so, what can I do about it. I have been jobless since because no one
wants to hire a pregnant woman who in march will need a couple weeks off
so I do not have extra money to spend but i feel as though they h!
ave unfairly fired me.

Answer: It is not legal to fire someone because they are pregnant. If your employer has 15 or more employees, you should consider filing a complaint with the EEOC. The Raleigh area EEOC office is located at 1309 Annapolis Drive, Raleigh 27608. Their phone number is 800-669-4000. Note that you should contact them as soon as possible because you will only have 180 days from your termination to file a complaint. After that, your claim will be lost.

If your employer does not have 15 employees, you may still have a claim under state law for sex discrimination. To get help finding an attorney (some of whom may not charge you for an initial consultation, you should contact the NC Lawyers' Referral Service - 1-800-662-7660 in North Carolina or 919 677-8574.
I hope this helps and best of luck to you.
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