Answer to Question #5345 Submitted to "Ask the Experts"

Q

I am a pregnant nuclear medicine technologist. I work part-time, one day a week, and fill in for vacations whenever needed. I am a contract worker (not an employee) for most of the offices. I know there is a 500 mrem limit for pregnant workers. Can I be refused work based on being pregnant? My badge readings are nowhere near the limit. I think I am being discriminated against.

A

This is a great question. Although I am not in a position to offer legal advice, I do know that it is against the law to discriminate against a worker based on gender or based on her pregnancy status. There was a landmark case in Wisconsin (Johnson Controls) a number of years ago that set this precedent when a woman was not allowed to work in an environment where she could be exposed to something hazardous simply because she was of childbearing age. The findings in this case changed the pregnancy discrimination act.

Another item in which you might be interested is the fact that you do not have to declare your pregnancy to any of the organizations for which you work. Even when it becomes obvious you are pregnant, you do not have to declare and, as such, it is not up to the organization to change your working situation or schedule. If you do declare, the organization's only obligation is to assure your exposure remains below the 500 mrem (fetal) gestation period limit and the 50 mrem/month (during pregnancy) limit. If you do seek a lawyer, make sure the lawyer reviews the Johnson Controls case.

Kelly Classic
Certified Medical Health Physicist