Legal Question in Medical Leave in Indiana

Pregnancy discrimination/non compliant fmla employer?

My pregnancy had a few complications, preterm, so my doctor placed me on bed rest.At this point in time I was unmarried.My daughter was born about 4 weeks into my leave and after being gone for another 4 weeks I requested to go back to work.I was then informed that my position had been eliminated and to continue my leave.Mind you I had been married 10 days before the birth.My husband also an employee of the same company.Thanksgiving came and turkey's are given out. My husband came home with one for me.Christmas party was the following week and this is the time that bonuses are dispersed for the whole year.I attended along the side of husband.There was nothing even offered here for me.The next Monday I returned back to work not having a position to work at.Then placed in a department that I had already been promoted from. When questioning about the bonus checks and or Christmas presents given out I was told wasn't my husbands enough. Then asked repeatedly and told you know this is happening because you married some one out of your race. 1 week later they hire a new person for the position that was supposedly eliminated.I feel that I am being dicriminated by FMLA and being pregnant. Please advise should I seek legal assistance?


Asked on 1/03/06, 10:17 pm

2 Answers from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: Pregnancy discrimination/non compliant fmla employer?

From the facts included in your description, you may have a claim against your employer under the Pregnancy Discrimination Act and the Family Medical Leave Act. I would suggest consulting with an attorney to discuss your situation in more detail. I would be happy to provide more information if you wish. I can be contacted via email at [email protected] or via the phone numbers in my profile.

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Answered on 1/04/06, 7:42 pm
Kenneth Lauter Kenneth E. Lauter, PC

Re: Pregnancy discrimination/non compliant fmla employer?

The facts you describe make it sound like your best claim may be one for race discrimination. However, you may also have claims under the Family Medical Leave Act, the Indiana Wage Claims Act, and the Pregnancy Discrimination Act. So, yes, you should contact a lawyer. You can reach me at [email protected].

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Answered on 1/05/06, 8:58 am


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