Woman Sues Gap For Miscarriage

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Old Broad

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If these claims are true, then I hope this mother wins her case and IMO her supervisor should be found guilty of a crime.

http://cbs2chicago.com/local/local_story_174092033.html

(STNG) CHICAGO A woman who was pregnant with twins claims in a federal lawsuit that she lost one child after her employer, Gap Inc., made her "lift heavy boxes."

Amanda Gross claims that while lifting heavy boxes at the Gap, she “went into premature labor and gave birth to twins fourteen weeks early.”

The suit says one child died and the other had serious health problems.

Gross worked at the Gap at Woodfield Mall in Schaumburg, according to the suit. The suit claims she started working at the store in May 2002 and was later terminated in November 2004.

According to the suit, she informed the Gap that she was pregnant with twins and her doctor told her to restrict the amount of hours she worked. The doctor also advised her to not lift more than five pounds at a time.

The suit claims Gross told the Gap about her doctor’s orders, but the clothing store refused to accommodate her situation. She was told she could “leave.”

The suit claims she was discriminated against because she was pregnant and was also denied a promotion in May 2004.

The company also cancelled her health insurance, the suit claims.

More at link.
Old Broad
 
If all of this is true, then she should have LEFT before she injured herself and her unborn babies and THEN filed suit. You don't physically do something that your doctor told you NOT to do and then claim you had no choice.
 
Jeana (DP) said:
If all of this is true, then she should have LEFT before she injured herself and her unborn babies and THEN filed suit. You don't physically do something that your doctor told you NOT to do and then claim you had no choice.
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:clap: :clap: :clap: :clap: :clap:
 
The woman was probably terrified to lose her insurance, which ended up happening to her also. I agree, it would have been the right thing for her to leave but was trying to keep a job to provide for her babies.

Old Broad
 
:clap: :clap:
Jeana (DP) said:
If all of this is true, then she should have LEFT before she injured herself and her unborn babies and THEN filed suit. You don't physically do something that your doctor told you NOT to do and then claim you had no choice.
Click to expand...
Jeana you are SPOT ON here. The woman knew it could be harmful. She could have refused, or just quit her job. I'd have to know more about this story to decide if I think she's got a case here... but common sense tells you to put your babies before your job at the Gap.
 
On a different note with miscarriage, you know they say pregnant women should limit the time they spend in front of computers or any thing with radiation because these things are known to cause miscarriages. there are shields you can buy for your computer screen to cut down on your exposure to radiation. i think that offices across the world should be doing this for their pregnant workers.
 
Jeana (DP) said:
If all of this is true, then she should have LEFT before she injured herself and her unborn babies and THEN filed suit. You don't physically do something that your doctor told you NOT to do and then claim you had no choice.
Click to expand...


I agree 100% !!
 
I'm sure there are 2 sides to this story. If her manager insisted that she lift things, she should have brought a Dr's note or called her regional manger and explained the situation. In this day, most people (employers) know about the concept of reasonable accomodations.
 
TheShadow said:
I'm sure there are 2 sides to this story. If her manager insisted that she lift things, she should have brought a Dr's note or called her regional manger and explained the situation. In this day, most people (employers) know about the concept of reasonable accomodations.
Click to expand...
I hadn't thought of that, but that is absolutely true as well.:)
 
TheShadow said:
I'm sure there are 2 sides to this story. If her manager insisted that she lift things, she should have brought a Dr's note or called her regional manger and explained the situation. In this day, most people (employers) know about the concept of reasonable accomodations.
Click to expand...


She did:

The suit claims Gross told the Gap about her doctor’s orders, but the clothing store refused to accommodate her situation. She was told she could “leave.”
 
Jeana (DP) said:
She did:

The suit claims Gross told the Gap about her doctor’s orders, but the clothing store refused to accommodate her situation. She was told she could “leave.”
Click to expand...
Then that's exactly what she should have done. What job could possibly be more important than your health and the health of your children?
 
mssheila said:
Then that's exactly what she should have done. What job could possibly be more important than your health and the health of your children?
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WEll, that's esy to say if you're not living hand to mouth, like most working poor--which includes a sizable chunk of the population.
 
BillyGoatGruff said:
WEll, that's esy to say if you're not living hand to mouth, like most working poor--which includes a sizable chunk of the population.
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Especially if she received health insurance through her job at the Gap.
 
Let us try to keep in mind that we've only heard from one side. We don't know what actually happened and we won't know until we hear from the other side. The fact of the matter is that some jobs are NOT appropriate for pregnant women and women carrying twins have even more complications than those carrying single babies.
 
I can't imagine a manager that would require a pregnant woman with twins to carry heavy boxes of clothing, etc. Surely she could have quickly complained and gone over his head about the situation.

Now if her job description required the heavy lifting, then it seems she could be fired, but why didn't they? They said she could leave. That sounds fishy, wishy washy. The health insurance could definitely be an issue.

Indeed we don't know the whole story and I smell a rat, but I usually do with about half of lawsuits these days.

Edited to add, I taught kindergarten 30 kids morning and afternoon up to 8 months pregnant and carried a large boy with cerebral palsy from center to center. At the end of the year I had to clean the whole room and shelves, climb ladders and stack boxes. There were no aides back then.

I probably wouldn't have done that knowing what I know now, but I was submissive and I needed my pay check through Aug. and my health insurance too. I didn't have twins, but I remember I felt very bad that last day after the heavy work and had to go to a friend's house and crash. Sometimes women just think they are supposed to put up with things and not ask questions.
 
I don't see where it says her manager was male? In fact, my daughter shops at Gap quite a lot and many times the managers are females in their early 20's. It wouldn't surprise me one bit to find out that is the case here.

As someone said, we don't know the whole story. I imagine perhaps her attendance was an issue or she complained constantly, etc. It did say she was fired, so maybe those are reasons why.
 
I agree Jules, I think there is more to this than her just being pregnant :twocents:
 
There deffinitly more to this story. I can not believe that any boss would just blatenly disregard the fact a women is pregnant with twins and insist she do heavey manual labor.
I just can't believe that.

mjak
 
mjak said:
There deffinitly more to this story. I can not believe that any boss would just blatenly disregard the fact a women is pregnant with twins and insist she do heavey manual labor.
I just can't believe that.



mjak
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right.
 
I used to work at Old Navy, which is owned by Gap and I never once had to lift any heavy boxes. I'm not saying that she is lying, but there are usually several people around to help out.... and simply asking to do a different task is all that it should take... The Gap is usually fairly diligent at making sure everyone has had their breaks and that they are comfortable with the tasks that they are asked to do, etc. I know that may just be my own personal experience, but it just seems a little fishy.... sometimes companies will cancel your insurance if you are not working adequate hours, which would be a bit discriminatory since she was advised not to work as many hours. I think it will be tough to prove that she lost this baby because of lifting boxes. Every pregnancy is different...what kind of health was she in?? I was pregnant with twins and had an 18 month old that I was constantly lifting and carrying around while I was pregnant. I never had any problems and carried them 37 weeks...... and there are people who never lift anything and do everything the doctor told them and they still end up losing children. How can they prove that she lost the baby because of this?? If she lost her insurance and she had a sick baby in the hospital, I'm guessing she had some hefty bills. She could be motivated by money.... just my :twocents:
 
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