PetSmart is discriminating against me because i'm pregnant. The sad thing about it is i love that job. Dallas Texas

I am really sorry that your store treated you this way. I have worked for three different Petsmart and not once have seen them discriminate against a pregnant associate. One of the stores I worked at in Maryland hired woman knowning they were pregnant, granted they were hired as an cashier. I have seen multiple girls that I work with in the grooming salon get pregnant and still hold their jobs grooming dogs which is much more of a risk then your desk job. Petsmart even sent a pregnant associate to grooming academy, she was 5 months into her pregnancy. So honestly you cannot blame the corporate for your treatment given, from the sounds of it, its your managers not the corporation, have you tried calling the careline to speak with your district manager about your current treatment? It can make a difference. Even though you work behind a desk, accidents can still happen, say a dog your checking in pees on the floor you go out to assist the customer in clean up and the dog jumps on you and kicks your belly, it can cause complications in your pregnancy. Once more Im sorry for the treatment your store is giving you, but out of the three stores Ive worked in Ive never seen a discrimination against a pregnant associate. You shouldnt blame corporate for your treatment try talking to your district or reginal vice president, they do listen to their associates.

Just because you have a great store, doesn't mean it's not happening to everyone else.

I am also being discriminated against being part-time. The 2pregnant full-time employees are protected by the laws, but I am left trying to find work. As soon as my store found out I was pregnant, I went from 3-4days work, to NONE! last week I was on the schedule one day, and this week I was told I wasn't needed at all! Luckily I was able to get medicaid. They have no remorse for leaving me jobless and by the pregnancy act, they can't fire me, so instead they just don't put me on the schedule. I had a second job and it wasn't making enough, and when I talked to my salon manager, she told me to go ahead and quit it, bc she could give me 4 days a week. I quit that job, and then found out I was pregnant, and now she "doesn't have enough hours." Then when I come in on the one sat i was scheduled last week, there's a transfer employee(works at another store, just working wkends here) and she has the EXACT hours I was given before. I can't leave my house because I lack gas money and luckily have WIC for some groceries. I would have gotten another job by now, but they keep stringing me along with "oh, let me see what we can do. Call tomorrow/oh call the next day, i didn't get to it."

I have been a Petsmart employee now for almost 4 years and I work in the grooming salon. Currently, one of our employees just had a baby just days ago, and 2 other women are pregnant (one of which is a groomer and is currently STILL grooming cats until told otherwise by her doctor). They are not only being treated fairly, they are both given the breaks they need, a stool to sit on while they work at ANY time, and if there's any complaining, it's the pregnancy itself.

I am standing up for Petsmart because as a company, their standards are higher than other petstores and retail chains. Either your managers are not following Petsmart guidelines, or you are misunderstanding why your hours are cut. There are many factors that play into that. In the grooming salon, as an hourly employee your hours can get cut week to week...depending on the amount of business we get. If it's slow, and you are part~time, you can end up with 1/3 of the hours you had the week before. People don't realize that and take it personally when their hours are cut. You have to remember that it IS a business and if the hours aren't there to be given, you wont get them.

I am a "physically challenged" employee and have been for the past 2 years. I went from healthy full~timer, to a part~time person with a 15lb weight limit. I've not been able to comission out consecutively for a long time now and Petsmart has not fired me, nor have they punished me for my physical issues. They have supported me with every step I've needed~understanding that until I get a transplant, my work abilities are quite limited. They have worked with me on my scheduling, and offered to help me when and where they can. Petsmart IS compassionate, and if you took your complaints to them, they WILL do their best to accomidate you~but you have to tell THEM. I understand your frustration, but your situation does not speak for Petsmart as a company.

Let me start off by saying that I do not agree with the way Petsmart has treated you. I have been in a similar situation, and I know how you feel. I worked at Petsmart for 5+ years, and I too loved my job. During that time I became a manager, and had the responsibility of writing the schedule and allotting hours, among other duties. If a person were hired part time, over time we would give them additional hours if they wanted them. However, this did not change the fact that they had a part time status. There for, Petsmart was within its rights to cut the person back to 15 hours if the store wanted, or needed, too. An employee is guaranteed a minimum number of hours only if they held full time status. Petsmart stores (and most other corporately run entities) are given a maximum number of hours that the store can use for scheduling its employees, in order for the store to be run cost effectively. This number is based on previous years sales for that month. If an employee was part time, and began to ask for time off (no matter what the reason), called in sick, etc etc. then this persons hours were cut. The idea behind that is the hours can be given to someone who would be more reliable. I am NOT saying this is right, I am merely stating how it happens. If an employee questions why their hours were cut, management simply states, usually, that corporate has cut the allotted hours for the store. If that excuse is given, then Petsmart has done nothing illegal. However, if they flat out stated that it was because you are pregnant, and you can prove it, then I believe you have recourse. Also, I would be interested to know the excuse they give you when you were fired. Good luck to you with this situation.

Dana, not sure if you are still having problems, but there is a sure way to prove your case if you are still getting your hours cut. It's the "12 week cumulative average". You add all your hours for the past 12 weeks of schedules BEFORE your situation occured and divide by 12 to get the average hours worked per week within that 12 week period. You then compare that to the hours per week you have worked since your situation. A company cannot and will not be able to justify this evidence.

Dana, not sure if you are still having problems, but there is a sure way to prove your case if you are still getting your hours cut. It's the "12 week cumulative average". You add all your hours for the past 12 weeks of schedules BEFORE your situation occured and divide by 12 to get the average hours worked per week within that 12 week period. You then compare that to the hours per week you have worked since your situation. A company cannot and will not be able to justify this evidence.

Dana, not sure if you are still having problems, but there is a sure way to prove your case if you are still getting your hours cut. It's the "12 week cumulative average". You add all your hours for the past 12 weeks of schedules BEFORE your situation occured and divide by 12 to get the average hours worked per week within that 12 week period. You then compare that to the hours per week you have worked since your situation. A company cannot and will not be able to justify this evidence.

Dana, not sure if you are still having problems, but there is a sure way to prove your case if you are still getting your hours cut. It's the "12 week cumulative average". You add all your hours for the past 12 weeks of schedules BEFORE your situation occured and divide by 12 to get the average hours worked per week within that 12 week period. You then compare that to the hours per week you have worked since your situation. A company cannot and will not be able to justify this evidence.

... how it is possible for any Petsmart employee to *never* work around animals. Considering that customers are allowed to and do bring their pets into the store all day long, and that shelters frequently house their animals for adoption inside the store, how is it possible to never be near animals? Dana, did they give you a giant plastic bubble suit to wear so you would *never* come into contact with any animals?

Dana, you are hired (or were rather) at PetsMart as a part-time employee. They do not have to let you work that many hours. You may be able to work them if the schedule permits.. but part time employment is not 30-40 hours a week. It's more the 15-20 hours they were offering you. If you plan on suing them.. I don't see how you would have a case. They were giving you part time hours and you weren't happy with the amount. You should have got on there full time.

they are offering my job back after an investigation and discrimination was founded. they think it will make it all better by saying hey we'll give you back pay and your job. man whatever i don't even know rather i should take it or not after what they put me through. so i should just drop my lawsuit because they say sorry. but what about all the stress they put me through and the embarresment of being fired for no reason. and i never been fired from a job.

DANA- Maybe they cut your hours not because you're pregnant, but because you say things like........"I DONT WORK NO WHERES NEAR THE ANIMAILS" food for thought.

File a complaint with them. Those women fight back for your civil rights regardless of race! Believe it or not so does the NAACP...If you take back your job, most likely they will terminate you for other reasons to justify the first termination. If you go back, still File with the Federal Equal Employment Opportunity Commission office nearest you as soon as possible. Don't give anymore details here...Obtain copies of your work history for the past 12 months, disciplinary actions and give copies to the EEOC and National Organization for Women, along with anything else they gave you in writing, what was said and done all the way to Corporate level... Remember not everybody comes from "Right To Work States" and even they have to adhere to the Federal Employment laws. Good Luck.

well yesterday i called corporate and they agreed with me and said my job has no right to be treating me that way. and corpriate had to of called my boss. because as soon as i went to work i got fired. and now because they dont want a lawsuit i'm going to give me my job back. thats not fair that they treated me how they did got my all worked up for firing me just for corpriate not to want a lawsuit and wanna do some thing about well i'm sorry its too late. if they can promise me this will not happen agian then i'll take my job and leave the situation alone. but if my boss is still going to discriminate against me its not worth it.

But unless you can PROVE it, you're just going to be unhappy with no recourse.
Technically, the way things are now described, you have no recourse. They can, will, and have cut your hours.
Find the employee handbook that I referred to in my post... is there language that specifically indicates what is a part-time and full-time employee? Is there language that indicates when a part-timer becomes full-time?
And another thing: how long have you worked there? Are you protected by FMLA?

Before they found out I was pregnant I was getting decent hours and I was supposed to get moved up to full time and move up in the company that was the plan. But after they found out I was pregnant the cut my hours like crazy and told me straight out because I was pregnant and corpriate don't even want me working there. I still am there but they treat me worse then ever. And now I have no shot at nothing when so much I was working towards moving up and I could have had it if i didn't get pregnant. And now they won't move me to full time because they don't want to pay my materanity leave. So for ya fake lawyers don't tell me I'm not being discriminated against.

The issue here is whether or not Dana is being discriminated against. Maybe. There is recourse under the Pregnancy Discrimination Act, but you (Dana) would have to prove that something negative happened to you BECAUSE you were pregnant, then the company gets to dispute your allegation for other, non-discriminatory reasons, and then you get to respond to their response saying it was pretextual (made up as they went along, in essence).

Your uphill battle begins and ends with two issues: Your employment classification (part-time, by your own admission, but working nearly "full-time" hours) and PetSmart's employment handbook. You need to find out if the handbook DEFINES what part-time and what full-time means.

If there is a clause wherein you've worked in excess of 32 hours for X number of weeks and that makes you full time according to the Company handbook, and your hours have been cut BY THEIR OWN admission due to your pregnancy, DING DING, you've got a prima facia case of pregnancy discrimination. They've then got to prove they cut your hours for other reasons, but that's a whole 'nuther issue you can argue.

IF, however, they do not identify when a part timer becomes a full-timer through work, or if it takes a personnel-type action (a formal paperwork type action) to make you full time, the mere fact that they cut your hours back as a part-time employee is not protected. An employee's hours can be cut back to nothing unless there is something in the handbook that indicates there is a minimum.

Look for that document, see what it says, and report back. And finally, bear in mind that the majority of the responses here are meant well. Yes, they can fire you for any reason, but you are protected from discrimination IF there really was discrimination, and that's the battle. You weren't fired, though, were you? That's not what I got from your post. Good luck and let us know.

The law states that an employer can terminate an employee for any reason at any time, with or without notice.

It does not matter WHY you were fired. Whatever the actual or perceived reason, it does not matter! The employer in this case was fully justified in terminating you regardless.

Dana, my knowledge of the law stems from training far beyond a quick Google search. What you have given is is a summation of the statute at issue.

Now, go and research the multiple CASES addressing the PDA, and see how most federal courts have all but gutted it of any practical effect, especially in your situation. This is because pregnancy fails to meet the definition that the courts have accepted for Title VII categories. The PDA has been held to conflict with previous case-law regarding Title VII which held that Title VII protects only "immutable" characteristics.

Were you to be refused a hire, or terminated, based on your pregnancy, you could have a viable action. But you can't even prove discrimination where your only complaint is that your employer determined you incapable of working a full work week. That is, unless you can find some other people who presented similar handicaps but were treated differently than you.

Nonetheless, I advise you to seek local counsel, if for no other purpose than to vindicate myself. Granted, I did misspeak in the above rebuttal; my statements were based on praticalities and as a result were erroneous in context. That's why you don't rely on the internet to learn what the law is.

Dana,

You have a real difficulty here, and most of the advice you have seen here are honest attempts to assist you. You are a victim of discrimination as far as your pregnancy is concerned. There are various Federal and state laws that exist to protect someone who is in your situation.

However, the despicable reply from Peter should be totally ignored. His reply to your post demonstrates his complete disregard for others and should be dismissed in its entirety. Peter should get off his high Pony and leave his misguided mutterings to himself. He is just a frustrated, mean, and confused person with nothing better to do than to ridicule and degrade people who have real difficulties. He continues to rail and berate others with his haughty tone and demeanor. In all actuality, he is to be ignored. People with difficulties come to this website to honestly tell their side of the story, warn others of their plight, and to seek advice regarding solutions.

Hang in there and you will prevail in your situation. Ignore Peter Panty from Pony, Alabama (a nonexistant place). Good luck to you in this fight for your rights!

I DON'T WORK NO WHERES AROUND THE ANIMAILS SO STOP WITH THE CATS AND HAMSTERS AND ALL THAT BS. I WORK AT A DESK AS A RECEPTIONIST FOR THE PET HOTEL. SO WOW WHAT DANGER IS THAT TO THIS BABY. I DIDN'T KNOW FILING PAPER WORK OR ANSWERING PHONES COULD BE DANGERIOUS.

There are other dangers working at a store such as Petsmart. Toxoplamosis is only one. Most stores also have hamsters which can carry diseases that can cause serious problems for an unborn child. Some stores also have turtles which can transmit salmonella.

I was trying to say that unless you're in a protected group then you can be discriminated against. It doesn't make it right but it's legal. Just do what the postal service does, get an AK-47 and go back and mow everybody down. Kidding of course. Thanks for the legal advice. Cheers!!

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Title VII's pregnancy-related protections include:

Hiring
An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition or because of the prejudices of co-workers, clients, or customers.

Pregnancy and Maternity Leave
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.

Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave.

Health Insurance
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life of the mother is endangered.

Pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable-and-customary-charge basis.

The amounts payable by the insurance provider can be limited only to the same extent as amounts payable for other conditions. No additional, increased, or larger deductible can be imposed.

Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Fringe Benefits
Pregnancy-related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions.

If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions.

Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on pregnancy or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

Statistics
In Fiscal Year 2005, EEOC received 4,449 charges of pregnancy-based discrimination. EEOC resolved 4,321 pregnancy discrimination charges in FY 2005 and recovered $11.6 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

Michael, the grounds you listed, where discrimination is forbidden, are not the exclusive categories of people who can't be discriminated against. Those are the "Title VII" protected categories. But there are other laws that forbid other breeds of discrimination, such as the ADA, which forbids discrimination against the handicapped, and the ADEA, which forbids discrimination on the basis of age.

Pregnancy, however, is not covered under either the ADA or Tiltle VII. In other words, there is no legal recourse for discrimination on the basis of pregnancy. So CarolAnn's advice is misguided.

The FMLA DOES apply to pregnancies, but that's irrelevant here.

So the CORRECT legal answer is that the business can do whatever it pleases in regard to your pregnancy, and what your doctor thinks has no bearing on the legality of the business' decision.

And yes, I am a lawyer.

This is like a nightmare of the 60's, when women were in fact discriminated against for either getting married, were pregnant and not married or married and pregnant.

Regardless of toxoplasmosis or whatever diseases there maybe at PetSmart, your employer CANNOT discriminate against you. This is an issue between you and your physician. Obtain documentation and give it to you employer along with The Americans With Disabilities Act and The Federal EEOC (Equal Employment Opportunity Laws) or find out from your physician what the possibilities are of you getting ill and if there is a vaccination you can take to guard against whatever. This is like taking a chance on cathing a cold.

If they are allowed to do this other companies will attempt to guess whether or not you have a propensity for heart attacks or cancer and fire people. Don't let them play Russian roulette and pretend they are looking out for your welfare and that of your child. They are looking at their insurance and Workmen's Compensation liabilities. If anything they should vaccinate their cats.

They have already violated the law and you can file a discrimination complaint with the EEOC office near you. If they find cause to fire you after you file the complaint it is called Realiation. Document everything in a book for your claim of discrimination, record every person that is around you the time, what they said or did etc etc... Also file a complaint with the National Organization of Women, they'll love that!

By the way, you are not alone, I know of one young lady who was fired for not having her baby when the company thought she should and they put it in writing! It is in Federal Court. Good luck and Keep the faith!

This is like a nightmare of the 60's, when women were in fact discriminated against for either getting married, were pregnant and not married or married and pregnant.

Regardless of toxoplasmosis or whatever diseases there maybe at PetSmart, your employer CANNOT discriminate against you. This is an issue between you and your physician. Obtain documentation and give it to you employer along with The Americans With Disabilities Act and The Federal EEOC (Equal Employment Opportunity Laws) or find out from your physician what the possibilities are of you getting ill and if there is a vaccination you can take to guard against whatever.

This is like taking a chance on catching a cold. If they are allowed to do this other companies will attempt to guess whether or not you have a propensity for heart attacks or cancer and fire people. Don't let them play Russian roulette and pretend they are looking out for your welfare and that of your child. They are looking at their insurance and Workmen's Compensation liabilities. If anything they should vaccinate their cats.

They have already violated the law and you can file a discrimination complaint with the EEOC office near you. If they find cause to fire you after you file the complaint it is called Realiation. Document everything in a book for your claim of discrimination, record every person that is around you the time etc.

By the way, you are not alone, I know of one young lady who was fired for not having her baby when the company thought she should and they put it in writing! It is in Federal Court. Good luck and Keep the faith!

Acutally, it's not found on cats or in cat litter - it's in the cat feces. That's why doctors recommend that pregnant women not change the litter or clean the litter box. I loved not having to do that while pregnant!! But the cats themselves are safe.

A business cannot discriminate against you for race, color, religion, age, blah blah blah. They can discriminate against you for any other reason. If you have green eyes they can fire you for it. If you drive a Chevy they can fire you for it. Just so long as you're not being picked on under the usual stipulations, you're stuck. Doesn't make it right but you're still stuck. Cheers!!

regardless what animal there are at petsmart they still shouldn't be discriminating agaisnt me. if my doctor felt like i was safe then i am. and i am not around cats so toxoplasmosis dosn't apply for me. i'm as equal as every other employee just pregnant and there still is no reason why i shouldn't be treated equal.

There are good reasons why a pregnant woman should not be working at PetSmart, or at any other venue that places her around animals. For instance, it is unsafe to be around cats while pregnant. Ever hear of toxoplasmosis? It is a bacteria commonly found on cats and in cat litter that can cause a spontaneous abortion (i.e., miscarriage). The company is just doing what is necessary to keep you safe. Why not find a safe, temporary job elsewhere and then return to Petsmart once the baby is born?

There are good reasons why a pregnant woman should not be working at PetSmart, or at any other venue that places her around animals. For instance, it is unsafe to be around cats while pregnant. Ever hear of toxoplasmosis? It is a bacteria commonly found on cats and in cat litter that can cause a spontaneous abortion (i.e., miscarriage). The company is just doing what is necessary to keep you safe. Why not find a safe, temporary job elsewhere and then return to Petsmart once the baby is born?

There are good reasons why a pregnant woman should not be working at PetSmart, or at any other venue that places her around animals. For instance, it is unsafe to be around cats while pregnant. Ever hear of toxoplasmosis? It is a bacteria commonly found on cats and in cat litter that can cause a spontaneous abortion (i.e., miscarriage). The company is just doing what is necessary to keep you safe. Why not find a safe, temporary job elsewhere and then return to Petsmart once the baby is born?

There are good reasons why a pregnant woman should not be working at PetSmart, or at any other venue that places her around animals. For instance, it is unsafe to be around cats while pregnant. Ever hear of toxoplasmosis? It is a bacteria commonly found on cats and in cat litter that can cause a spontaneous abortion (i.e., miscarriage). The company is just doing what is necessary to keep you safe. Why not find a safe, temporary job elsewhere and then return to Petsmart once the baby is born?