It is illegal to discriminate against a pregnant woman – but some companies don’t seem to care.
Both the Pregnancy Discrimination Act and the Americans with Disabilities Act are clear that accommodations must be made for pregnant women to help them do their job safely – and protect their baby.
But when one pregnant woman begged her employer to accommodate her pregnancy by reducing the physical weight she was required to lift – they refused – and then the unthinkable happened to her baby.
Patty Hernandez worked in an Amazon warehouse and was required to work long 10-hour shifts on her feet – and lift heavy merchandise up to 50lbs.
When she became pregnant, she still wanted to work – and asked HR to work with her to help ensure she had a safe pregnancy.
Her request was simple really, all she wanted was to not be on her feet for more than half of her shift – and not lift or carry anything heavier than 20lbs.
But instead of accommodating this pregnant mama – Amazon execs refused.
She even showed her HR supervisor a doctor’s note – but they still denied Hernandez the right to work and still have a safe pregnancy.
Even worse – she continued to be harassed by her male boss who berated her for spending too much time in the bathroom or “moving too slow.”
Motherboard reported
“After being denied lighter duty, Hernandez said her manager, who knew she was pregnant, repeatedly asked why she was taking longer bathroom breaks, sitting, and moving slower.
“My manager wasn’t accommodating,” Hernandez told Motherboard. “He was on me, asking, ‘Why is your rate so low, why are you spending so much time in the bathroom, why is your [time off task] more than ten minutes?’
We were only allowed 10 minutes of time off task each day, but the warehouse is so big. It takes six minutes just to get to the bathroom and back.”
Things got worse for Hernandez, and she found herself bleeding in the bathroom one day at work.
While she went home under a medical emergency, Amazon denied her request for medical leave.
Sadly, later that week, Hernandez found out she had a miscarriage and lost her baby.
Absolutely heartbreaking.
One can’t even imagine the emotional toll she experienced losing her baby – especially when she made a valiant effort to not do things that would increase the likelihood of miscarriage like heavy lifting and constant bending and standing.
It was clear the harassment from her employer was due to her being pregnant – even her bathroom breaks were being timed.
No woman should have to go through what Hernandez did, but as it turns out, Amazon has a pattern of treating their pregnant women this way.
Motherboard continued:
“Amazon has a well-documented track record of delaying and denying all sorts of disability accommodations—including lighter duty for pregnant warehouse workers—which squares with its notoriously high turnover business model (roughly 150 percent per year).
Between 2011 and 2019, at least seven pregnancy discrimination lawsuits were filed against Amazon.
Workers alleged that the company failed to accommodate requests such as more frequent bathroom breaks and fewer continuous hours standing and then fired them.”
Amazon needs to be held accountable.
They may dominate the online retail market, but they are not above the law.
As if one needed yet another reason to not shop Amazon and support small businesses instead – this story should tell you all you need to know.
If you are pregnant and feel that your workplace is discriminating against you – seek legal representation immediately.
Know that you have the right to protect yourself and your baby – without facing backlash or harrassment at work.
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