Workplace Discrimination After a Miscarriage

Discrimination

Recovering from a miscarriage can take a few weeks to a month or more.
Workplace discrimination can push women back to work too soon or cause job loss.
Experts say legal remedies fall short and place undue burden on employees who feel they’ve been discriminated against.

About 10 to 15 percent of known pregnancies end in miscarriage.

During a miscarriage, physical symptoms can range from mild to severe.

Recovery time varies from person to person, depending on factors such as weeks of pregnancy, underlying conditions, and whether there are complications.

The healing process can take anywhere from a few weeks to a month or more.

Recovery can be a lot more difficult if you can’t take time off work for fear of losing your job.

Rachel Makkar was

Employer Makes $1.3 Million FMLA Mistake by Firing Worker After Mexico Trip

Wrongful Termination

A recent decision from the highest court in Massachusetts emphasizes the risk to employers of taking employment actions based on outrage rather than reason—particularly when it comes to decisions about leaves of absence.

In this case, an employee sued his former employer after he was fired for taking a vacation to Mexico while he was on a medical leave of absence, and the Massachusetts Supreme Judicial Court upheld a $1.3 million damage award. A jury had found the company liable for retaliatory termination in violation of the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and a state law discrimination statute.

The jury awarded the employee $19,777 in back pay and $300,000 in front pay for lost future income and benefits.