A Pennsylvania driver claims that she was fired by her company after they discovered that she was pregnant. The incident has prompted a hearing from the Pennsylvania Human Relations Commission concerning whether or not the company unfairly discriminated against the driver.
The carrier, Lem Moore Transportation, claims that the driver told management that her doctor didn’t want her driving a truck while pregnant. Not only is this claim possibly false, but even if true, the FMCSA has stated on multiple occasions that even late-term pregnancy cannot be used to prohibit a female driver from working.
According to court documents, the driver claimed that she was fired because her manager just didn’t feel comfortable with her being behind the wheel while pregnant.
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Source: wfmz
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Ray says
I’m not sure how being pregnant inhibits a woman from driving. I hope her allegations are unfounded.
shawn gherity says
I suppose it all depends on the part of the story where it says HER DOCTOR didnt want her driving while pregnant. If thats true the company isnt the one “preventing” her from driving. What is her medical history? Not enough facts to really decide here but I suspect its a high risk pregnancy for some reason for the doc to say that.
mike says
I am not against women drivers its just that things like this come up and then its all in how you deal with them thats either going to make you smell like a rose or a piece of s***. I would let her work until the dr. says ,no more , then I would lay her off so she could collect while home taking care of her responsibility. Then if she feels as though she can handle it let her do some shuttle work if its availabe before returning to what she was doing.
John says
FMLA – If your company can’t handle a driver being on FMLA, Then move it to Saudi Arabia. Otherwise, Deal with woman and MEN needing time to rear kids. OH, wait a minute, this is the transportations industry, Families don’t matter. Sorry, thought I was in 1985.
Robin says
I agree with John on this one. Truck driving is an interesting job were even the FM CSA and DOT requires you to be “fit” enough to drive a truck and some companies such as Schneider even requires you to take a physical when they hire you.
I have a friend of mine who was let go from a another trucking company because she got injured and could no longer climb into the back of the trailer which is part of the job requirement of sweeping out the trailers after each load.
So here’s the catch 22… And the ultimate question…
#1 is this pregnant woman still able to effectively perform her job as required?
#2 insurance companies run trucking companies nowadays and as any driver knows, your bounced around quite a bit in that cab so what are the possibilities, especially late-term to injure the baby?
I will admit ignorance here as I’ve never been pregnant.
#3 what happens after the baby is born? she can’t take it on the truck with her.
Unfortunately, like it or not, while a lot accompanies will openly admit that they like women drivers because on average they “seem” more cautious drivers than men, it is exactly this situation that works against women in the field.
as for the family leave act [FMLA] normally any other company would offer that. When I was driving for May, my gallbladder created problems and I had to be hospitalized. No FMLA, no unemployment, no light duty, no income until my doctor released me back to work.
so what are the options for the company?
FMLA which is required by law and then depending on the size of the company find some type of suitable work [nondriving] position until she is able to return to work.
But also let me throw this question out there are to drivers.
at what point should the mother of a newborn baby who is an over the road driver be allowed to return to work and what do you do with the baby? You can’t take it on the road with you?
Just wondering.
Erica says
Actually, Robin, depending on the company taking a newborn on the road is OK. Crete/Shaffer allow this provided there is another adult in the truck to assist with childcare. It’s an option my fiance and I considered when we found out I was pregnant with our first child. After much discussion, we decided against it feeling that it could stunt her development.
When we found I was pregnant we were team driving, my doctor told me enough close to the end of my first trimester but my intent had been to drive thru the end of my second. As a woman driver who has been down this road, I feel it should have been a decision between her and her doctor, unless the pregnancy was in some way limiting her ability to perform job requirements, as mine was.
Ray says
I would have her sign a waiver to release the company of any liability, and grant her the leave of absence when the time comes. That way it’s her decision.
James Whitehill says
Why can’t she take the baby with her? Depending on what she does there. There was no mention of wether she was a single driver or part of a team. Single driver would be difficult but a team could manage it with shared responsibilities. Unfortunately, due to our house flooding, I had my wife and 4 children on the truck with me for a few months. My youngest was only about 3 months old at the time. Oldest was 8. Granted my wife wasn’t a driver but we could of handled it together if necessary. Hard to make a judgement here with no details…
Mabel Leffler says
I drove flat bed and over size for the full 9 months with both of my girls..doc said two weeks off after they were born..but than went right back on the road the following week..I have been driving semis for last 36 years mostly as an O / O but also a short stretch as company driver..I do not believe wemon should be any different than men when it comes to being a trucker..if she is strong enough to go full term and still perform normal tasks of the job than she should have had that choice..
Elvee says
Personally, I think pregnant drivers should have a doctor’s note explicitly stating they can or can not work. That note would put the pregnancy in the same category as other high risk managed conditions (like diabetes, heart disease or COPD). The fair labor laws are already in place for that, and should be used in this instance.
*If* she was healthy and fired without the opportunity to work, she may have a case. *If* she’s looking for a payday to stay out of the truck, well, that’s another story… We don’t have enough info in the article to know either way.