Albertsons employee not allowed lighter work while pregnant sues after losing baby

[Catherina]

This makes me so sad, for many social reasons. What kind of society are we anymore?

Albertsons employee not allowed lighter work while pregnant sues after losing baby

...

despite three doctor’s notes that said Garcia had a high-risk pregnancy and shouldn’t lift more than 15 pounds, her employer failed to work with her under state laws protecting pregnant women.

...

According to the lawsuit, Garcia was denied requests for lesser duties or to temporarily switch to another department. She continued working for the store because “she needed the income and because her health insurance was provided through Albertsons,” court documents state.

Before she worked for Albertsons, Garcia had another premature delivery at six months, according to her attorney who declined to comment further. Garcia’s medical history and the “rigorous nature” of her Albertsons job contributed to her doctor’s opinion that she was high-risk, according to the lawsuit.

In November, 20 weeks pregnant, García asked to leave work early because she was experiencing “tremendous pelvic pressure,” according to the complaint, and her manager said she couldn’t leave because the store was expecting a visit from the corporate offices that day. That night, Garcia was rushed to Twin Cities Community Hospital in Templeton and later gave birth to a baby girl named Jade who died after 10 minutes, the lawsuit says.

Garcia took six weeks off after her baby’s birth as per the Family Medical Leave Act and “sank into a deep depression,” according to the lawsuit. When she returned to work, management stripped Garcia of her supervisorial and ordering responsibilities in a “baseless write-up” when she had been an “exemplary employee, consistently receiving positive feedback,” the lawsuit claims.

...

http://www.sanluisobispo.com/2013/07/05/2573309/albertsons-employee-not-allowed.html

[liberal_at_heart]

1. sue those capitalist bastards! That is a clear violation of law. She will win.

[Catherina]

2. Thankfully she's in a union, unlike so many others. She better win n/t

[orleans]

3. 29 states, 9 different names

"Albertsons (also known as New Albertsons) is a North American grocery company based in Boise, Idaho, with 1069 [2] supermarkets located in Arizona, New Mexico, Colorado, Texas, Louisiana, Arkansas, Florida, Delaware, Maryland, New Jersey, Pennsylvania, California, Idaho, Montana, North Dakota, Nevada, Oregon, Utah, Washington, Wyoming, Illinois, Iowa, Indiana, Wisconsin, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont under the Albertsons, Acme Markets, Jewel-Osco, Lucky Stores, Osco Pharmacy, Sav-on Pharmacy, Super Saver Foods, Shaw's and Star Market banners.[3] While Albertsons LLC is majority-owned by Cerberus Capital Management, the Albertsons name as of March 21, 2013 is now owned in full by Albertsons, LLC"

http://en.wikipedia.org/wiki/Albertsons_(supermarket)

just in case some folks wanted to know.

what a tragic story.

[HiPointDem]

10. also sad because the founder's page at 'find-a-grave' has lots of comments from people who

worked for joe albertson saying what a great boss he was.

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=6664510

cerebrus capital, bah.

[DakotaLady]

4. So sad ...

I remember reading her story earlier here on DU.

I know when she wins and she will IMO ... her baby is still dead.

My thoughts are with her and her family.

Haven't shopped at Albertson's for years because of their prices.

This event though will keep me from even popping in for a loaf of bread.

[Catherina]

5. That's it... "her baby is still dead"

and for what?

[LuvNewcastle]

9. They are expensive.

They opened one several years ago in the next town over from where I live and they had to close it because not many people could afford to shop there. They want to be upscale but they can't give a pregnant employee light duty and then they treat he like shit after she miscarries. That's about as low class as it gets.

[Catherina]

7. A funny thing happened on the way to this post

I was just mentioning McDonald's (that Bolivians pressured out) and article 14 of the constitution Evo Morales passed by referendum in 2009. It specifically mentions pregnant women. McDonald's did a great deal of harm to Labor in our country. I can't wait to see their demise, and the demise of all these corporations that profit from their slave wages and mistreating workers.

Article 14.

I. All human beings have personality and legal capacity in accordance to the laws and enjoy the rights recognized by this Constitution, without any distinction.

II. The State prohibits and sanctions any form of discrimination founded on a reason of sex, color, age, sexual orientation, gender identity, origin, culture, nationality, citizenship, language, religious creed, ideology, political or philosophical affiliation, marital status, economic or social condition, type of occupation, grade of instruction, disability, pregnancy, or others that have as an objective or result in annulling or reducing the recognition, enjoyment and exercise, in conditions of equality, of the rights of every person.

III. The State guarantees to every person and collectivity, without any discrimination, the free and efficient exercise of the rights established in this Constitution, the laws and the international treaties of human rights.

IV. While exercising their rights, nobody will be obligated to do what this Constitution and the laws don't mandate, or deprive themselves from what they don’t prohibit.

And these offenses are criminalized with specific jail terms.

[indepat]

11. Incidents like this show the true face of a corporatist government which figuratively jumps

through it asshole to protect corporate interests while doing virtually nothing to protect employees. And sanctimonious politicians will blow their own horns speaking volumes about the sanctity of life.