Elawyers Elawyers
Washington| Change
Asked in Victorville, CA Jun. 23, 2020 ,  2 answers Visitors: 172
Can't Hire For Driver Job Because She's Pregnant?
Tag: 

2 Answers

Anonymous
Reply

Posted on / Jun. 23, 2020 18:05:11

I want to take this opportunity to supplement Mr. Pedersen's response for two reasons. First, because you are asking the question and not your girlfriend. I am always reluctant to give advice to someone who will obviously have to transmit the advice to someone else. We have no way of knowing what you might tell your girlfriend, and consequently the possibility of passing legal advice to someone else is fraught with danger. You may have the best of intentions, but you could add or omit some important information which could have adverse effects on the listener.

Secondly, your girlfriend is the aggrieved party here, and unless she is willing to take action to protect her own rights, what good is the advice you get? Something for you to just file away for a future date which may never come? I have encountered this situation in the past, and learned valuable lessons from it. I've had husbands insist on fighting legal claims for their spouses, only to learn later that the spouse had really good reasons for not wanting to pursue her own claims. Like the husband learning the hard way that the harassment the wife was experiencing was neither unwelcome nor unwanted. Or the case of the husband and wife who were both supposed to be unable to get pregnant, yet the wife later did get pregnant even though she had her tubes tied and her husband had a vasectomy. Later, when hubby sued the doctor who performed the vasectomy, the doctor was able to establish that the wife was having sex with another man, and the other guy got her pregnant. Meaning the husband's vasectomy had nothing to do with it.

The lesson is that I always avoid giving second hand advice. But if your gf asked, I would tell her to file a claim for sex discrimination against your employer with the California Department of Fair Employment and Housing (DFEH) for refusing to hire her because she is pregnant. UNLESS, of course, the job description of delivery driver includes having to lift and carry heavy objects, which could endanger her pregnancy. That alone might be a bona fide disqualifying factor.

Anonymous
Reply

Posted on / Jun. 23, 2020 15:18:00

No, that is not legal and I frankly doubt the insurer would take such a position.

Being pregnant does not disable a woman from driving. Absent a disability that restricts a woman from driving, it is unlawful to preclude a woman from getting a job because she is pregnant. Such a position violates the Fair Employment and Housing Act and is the equivalent of saying she cannot be hired because she is a woman.

Good luck to you and to her.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer