Human Resource Blog

Postion at Job, Demotion and Pay Cut

I recently told my boss that I am pregnant. About a month later I asked if I could work 30 hours instead of the 45 I was previouly working. He said that was ok and we agreed to less hourly pay. I also manage the the showroom which is seperate from my hourly draw. He said well you can’t really lift anything heavy any longer and took the managing of the showroom and pay away from me at that time as well. What are my legal rights? I feel that I have been discriminated upon due to the fact that I am pregnant. Should I seek legal counsel? Thank you.

This may very well be discrimination under federal law, specifically the Americans with Disabilities Act or

ADA which is  enforced by the EEOC or Equal Employment Opportunity Commission.

In this case, it sounds like the employee and employer mutually agreed to a different schedule during the pregnancy. So far, so good (although it’s not clear why the employee is being paid a lower hourly rate.)

In terms of managing the showroom, it appears that the employee is willing and able to do this job, but the employer has decided that she has a disability that makes it impossible. That’s not the employer’s call…it’s a decision that is between the employee and her doctor.

An employer cannot legally demote an employee and cut her pay, simply because she is pregnant. That’s illegal discrimination.

Once the employer learns of the pregnancy, he can request a fitness-for-work certification from the woman’s doctor, particularly for a job that is physically demanding. However, the employer cannot automatically assume that a pregnant women will not be able to do her job.

Even if the woman is unable to lift heavy items, if that is not a major portion of the showroom manager’s duties, the employer may be required to assign those duties to another employee temporarily. That’s because the ADA requires employers to make a reasonable accommodation for employees with a disability, as long as the employee can perform the essential functions of the job at hand.

Let’s look at an example. Akilah is a secretary who must put away office supplies twice per month. The office supplies come in heavy boxes and Akilah can’t lift them when she becomes pregnant. Because putting away office supplies is a non-essential part of Akilah’s job, the employer needs to assign those duties to someone else while Akilah is pregnant. Akilah can still perform all the essential duties of being a secretary.

Now, suppose Irene works in a warehouse where she loads heavy boxes onto trucks all day long. Irene has no other duties. If Irene’s doctor says it’s okay for her to lift boxes, she requires no accommodation. But maybe when Irene is 8 months pregnant, the doctor tells her she can’t lift heavy boxes any more. Irene probably would not be able to work, because lifting heavy boxes is an essential function of her job. The employer is not under an obligation to reassign those essential functions.  

Several states have similar laws at the state level.

This employee should contact the EEOC. They will offer expert opinion, and investigate the case. If they find the employee has a valid complaint, the EEOC will try to reach an agreement with the employer. In extreme cases where no agreement can be reached, the EEOC will file suit against the employer and pay all legal fees.

The EEOC does not investigate cases where the employee has already filed a lawsuit against the employer, so it’s always to contact the EEOC first.