ADA

System

A unit of ours closed down where we had just hired an employee for a new, and only position within our company that works 2hrs at breakfast lunch and dinner.
We do not have another position of this sort in those hours. This individual is pregnant. We would like to lay her off until that unit is up and running again.

Does anyone forsee any problems?

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 11-22-02 AT 01:12PM (CST)[/font][p]This is not an ADA issue since pregnancy is not a disability under ADA type laws.

The fact that she is pregnant of course may cause her to raise a claim that she was laid off because of the pregnancy. And that's the chance you'll have to deal with if you do this. When did you make the decision to close down and when did you learn of the pregnancy? Hopefully, it was done in that order and not the other way around. Federal law does not prohbiit lay off simply because she is pregnant.

From what you posted there appears nothing to be inhherently wrong with what you plan. I assume you will be able to show that the lay off is soley due to the clsoe off that was unrelated to her being pregnant.

How far back did you hire her in relation to the close down? Was the close down known at the time, and, if so, was it discussed with her at the time of hiring?

I'm not quite sure what you mean about the work hours..she works three split shifts? Was she the only person to be laid off? I assume you didn't assign her this work schedule because she was pregnant, knowing that it was the only schedule you had that could not be saved because of the shutdown.

I doubt that there is anything in your state law that would give her exemption from layoff simply because she was pregnant, again, as long as the close down and lay off are not related to her pregnancy.