Legal Question in Discrimination Law in Missouri

Possible pregnancy discrimination?

My wife is 30 weeks pregnant and works in commission sales. She works approx 40 hours a week and is on her feet most of the day. After talking with her doctor about how tired she has been, the doctor wrote her a note to give to her boss on prescription paper that she should not work more than four hours a day. She has not yet given her boss the note but has talked to her boss about it. Her boss, after talking with the owners of the company, came back with this.

The store can not survive with you taking two months off for maternity leave. We are short people and can not cover the floor. We are making this part time position so that you can have a job. We have to hire someone in to cover your hours.

Does this fall under pregnancy discrimination? I think that my wife is going to call EEOC and ask some questions but I wanted to have some other opinions.


Asked on 6/09/01, 1:15 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Possible pregnancy discrimination?

Depending on how big the store is, and how many employees, it may violate the Pregnancy Discrimination Act. You need to consult with the EEOC immediately. The EEOC or Mo. Human Rights Commission may be able to convince her employer to do the right thing.

If you need additional legal help, please feel free to contact me.

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Answered on 6/28/01, 12:47 pm


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