Question

Marcy and her husband have decided to start a family, but don't have medical insurance. They decide that Marcy should get a job, so that her medical expenses related to pregnancy will be covered by insurance. Marcy later applies for a job with your company to be a shipping clerk, where her duties include filling boxes with merchandise, sealing them, and loading them on to carts. The last 3 people you've hired have been female, and 2 of them have been out on maternity leave in the past year, leaving you severely short-staffed. Marcy is qualified for the job, but you can't help but notice that she's pregnant

1. Assume you hire Marcy, and within 2 months she tells you that her pregnancy prevents her from lifting the boxes to the cart. Can you legally fire her because she's no longer able to do her job?

2. After Marcy delivers her baby and takes 3 months' leave, she returns to work. Another employee tells you that Marcy is already talking about having another baby as soon as possible and then quitting work to be a stay-at-home mom after her medical insurance pays for the next pregnancy.  You call Marcy in and demand to know her intentions. She admits that she's a short-term employee and will quit as soon as the company pays for her next pregnancy. You decide she's better suited for office work where her absence won't cause so much stress to other employees, and reassign her to the secretary pool, with reduced pay. Have you committed any violation of law? Explain?

Answer 1

Legally it is a violation of law to show discrimination towards an employee just because of pregnancy . We cannot fire MARCY because she is pregnant and not able to do her job because of her pregnancy . When we come to know she is planning on using the company just till she gets the insurance and if we can prove it ,then the action taken would not be a violation of law as we did not fire her but reassigned her which is more suitable for her and her condition . The reduction in pay migh be illegal if it is just because of pregnancy but this step is taken after knowing her intentions and hence it might help as a defence for the company .