Cisco
2015-03-08 08:10:49 UTC
Mother-of-three Jamie Cole had a high-risk pregnancy last year.
The 27-year-old certified nursing assistant was told by her
doctor to stop lifting patients at the nursing home where she
worked.
Now Cole has said her career was derailed because of her
pregnancy, reports CBS News correspondent Mark Strassmann.
Cole's case is similar to one involving a pregnant UPS driver
who said she lost her job because she could no longer lift heavy
packages. The U.S. Supreme Court is reviewing that case, and its
decision could affect millions of working women across the
country. The justices will decide if federal anti-discrimination
law offers enough protection during pregnancy.
"He just didn't want me lifting in the last trimester because it
could've put me into pre-term labor; anything could have
happened," Cole said.
Cole asked for lighter duties at work. Instead, she claims her
employer, the Brain Center for Health and Rehabilitation near
Asheville, stopped giving her shifts.
"I was hurt really bad," Cole said. "I had two other kids at
home. I have a mortgage, I have car payments, I have bills. It
took a lot away from our family. My kids don't deserve that."
The 1978 federal Pregnancy Discrimination Act guarantees
pregnant employees the same rights as other employees with short-
term disabilities.
Between 1997 and 2011, pregnancy-related discrimination
complaints with the U.S. Equal Employment Opportunity Commission
(EEOC) jumped 43 percent.
"She shouldn't have been forced to choose between following her
doctor's orders and coming to work," American Civil Liberties
Union attorney Ariela Migdal said.
Migdal represents Cole and other pregnant workers.
"When women are pushed out during their pregnancies, it sets
them back on an income gap and puts them into financial
insecurity," Migdal said.
Only four states offer no additional legal protection for
pregnant employees. One of them is North Carolina, where Cole
lives and works.
Some, like employment attorney Seth Berenzweig, believe federal
law offers enough protection.
"Since the [Pregnancy Discrimination Act] really adequately
provides protection, and really it does it pretty aggressively,
even when a state like North Carolina doesn't tee up that
legislation, these employees are still provided considerable
protection," Berenzweig said.
After Cole had her third child, she found work at another
nursing home.
In a statement, the Brain Center in North Carolina told CBS News
its "goal is to meet our employees' employment needs... We
believe we have done so in Ms. Cole's case; however, we continue
to review our policies, procedures and practices as the
employment laws change."
Cole is seeking back wages and compensation and her complaint
with the EEOC is pending.
She said it has been worth fighting her case to help other women
in the future.
"I have a little, little girl. I have nieces. I don't want them
to all go through that," she said
As a working mother, Cole is the family breadwinner -- like 40
percent of American households with children.
http://www.cbsnews.com/news/north-carolina-woman-jamie-cole-
fights-pregnancy-discrimination/
The 27-year-old certified nursing assistant was told by her
doctor to stop lifting patients at the nursing home where she
worked.
Now Cole has said her career was derailed because of her
pregnancy, reports CBS News correspondent Mark Strassmann.
Cole's case is similar to one involving a pregnant UPS driver
who said she lost her job because she could no longer lift heavy
packages. The U.S. Supreme Court is reviewing that case, and its
decision could affect millions of working women across the
country. The justices will decide if federal anti-discrimination
law offers enough protection during pregnancy.
"He just didn't want me lifting in the last trimester because it
could've put me into pre-term labor; anything could have
happened," Cole said.
Cole asked for lighter duties at work. Instead, she claims her
employer, the Brain Center for Health and Rehabilitation near
Asheville, stopped giving her shifts.
"I was hurt really bad," Cole said. "I had two other kids at
home. I have a mortgage, I have car payments, I have bills. It
took a lot away from our family. My kids don't deserve that."
The 1978 federal Pregnancy Discrimination Act guarantees
pregnant employees the same rights as other employees with short-
term disabilities.
Between 1997 and 2011, pregnancy-related discrimination
complaints with the U.S. Equal Employment Opportunity Commission
(EEOC) jumped 43 percent.
"She shouldn't have been forced to choose between following her
doctor's orders and coming to work," American Civil Liberties
Union attorney Ariela Migdal said.
Migdal represents Cole and other pregnant workers.
"When women are pushed out during their pregnancies, it sets
them back on an income gap and puts them into financial
insecurity," Migdal said.
Only four states offer no additional legal protection for
pregnant employees. One of them is North Carolina, where Cole
lives and works.
Some, like employment attorney Seth Berenzweig, believe federal
law offers enough protection.
"Since the [Pregnancy Discrimination Act] really adequately
provides protection, and really it does it pretty aggressively,
even when a state like North Carolina doesn't tee up that
legislation, these employees are still provided considerable
protection," Berenzweig said.
After Cole had her third child, she found work at another
nursing home.
In a statement, the Brain Center in North Carolina told CBS News
its "goal is to meet our employees' employment needs... We
believe we have done so in Ms. Cole's case; however, we continue
to review our policies, procedures and practices as the
employment laws change."
Cole is seeking back wages and compensation and her complaint
with the EEOC is pending.
She said it has been worth fighting her case to help other women
in the future.
"I have a little, little girl. I have nieces. I don't want them
to all go through that," she said
As a working mother, Cole is the family breadwinner -- like 40
percent of American households with children.
http://www.cbsnews.com/news/north-carolina-woman-jamie-cole-
fights-pregnancy-discrimination/