“Pregnant workers need to be able to point to the law, in real time, to make their employers do the right thing so that a long-fought lawsuit isn’t necessary.” GBBranstetter and VaniaACLU for the ACLU on how the PWFA finally makes this possible:
lost their court cases.
“Pregnant workers need to be able to point to the law, in real time, to make their employers do the right thing so that a long-fought lawsuit isn’t necessary.”was one of them. In March 2015, Michelle learned that she was pregnant with her first child.
. Rural/Metro gave Michelle an ultimatum: Keep lifting heavy loads in violation of her doctor’s orders or go on an unpaid leave of absence for 90 days—after which she would be fired unless she returned to work. With six months to go until her due date, Michelle was terrified; she desperately needed her paycheck.
As she later put it, testifying in support of PWFA before Congress, “I wouldn’t trade the experience of being [a] mom for anything. But I will never be able to get back those months before and after [my son] was born, when all I could think about was what I was losing by being pregnant—not what I was gaining.” Ultimately, Michelle left Rural/Metro rather than risk her pregnancy.
After filing a lawsuit, Michelle ultimately reached a settlement with Rural/Metro that provided some relief for the hardship she had experienced. The bad news is that her legal battle took seven years, in part due to a federal judge’s ruling that, under the PDA, Michelle was not “similar” to EMTs with occupational injuries. The ACLUAs detailed in a
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