Anyone know labor law?

I know the advise is worth what I'm paying but I am hoping one of one esteemed esq's has a better idea than me since my brother is too good an egg to torch a daycare center.

His wife is six months pregnant and works in said daycare center. One of the kids in her charge is rather violent. Tuesday he gave her a good shot to the belly and damaged the plecenta putting her in the hospital for a day. She was told that if it happened again she could lose the baby. The kid has a history of attacking the workers and she was not the first to be injured. She asked that either he or she be put in a different class for the duration of the pregnancy. They told her she could work with him or resign. Since my brother lot his job a couple weeks ago they have the health insurance through her job, so she really wants to keep the job, just not work with this kid for three months. This kinda sounded like she was being fired for being pregnant, and their reluctance to fire her instead of asking her to quit makes it sounds like it's as illegal in North Carolina as it is here in New York. Would it be worth the money to speak with an attorney down there or should she suck it up and quit?

I would say that keeping her job is placing her health (and baby's health) at risk. Keep the job while speaking to an attorney.
What job is allowed to knowingly keep your health at risk?

Other thoughts:
Would her doctor order her off of work due to "pregnancy risks" and in the best interest of her health?
What are her insurance/benifit options if taking extended leave?

Other than having once stayed at a Holiday Inn Express, I have no qualifications to comment.

I have never stayed at a Holiday Inn Express either but this sounds like it would fall under the FMLA or short term disabilty if she has it. At which point she would still have to be offered insurance. A lawer visit isn't bad idea.

press charges. get the little berkeleyer a criminal record.

I know several women that work with "exceptional" kids. The younger ones can be dangerous, the older ones can be deadly, such as a knife attack. My opinion would be that the day care center should ban the child. What responability do they have to the parent that is more important than the health of an employee? Losing one kid that is an obvious risk cannot cost them that much in actual income, and the risk of a lawsuit when somebody really gets injured has to be astronomical. Bad management, very short sighted and insensative.

I am in California and no have knowledge of North Carolina state law that might apply. They need to find a good employment law attorney RIGHT NOW! She is being ordered into a work situation that represents a direct and immediate threat to her and the unborn child. I think there may be ways the FMLA or possibly OSHA law could used here, but I cannot speak to the details. This situation cannot be allowed to continue.

If there are any attorneys on the board. They are going to want to know the following. 1. How old is the child 2. Is this a private employer or government program 3. What are the circumstances of the attack. Criminal battery changes for the kid may be appropriate.

File with the EEOC.

Yes, it's worth the money to speak to an attorney who actually knows some labor law. I don't, but believe there is an issue here.

There was a case a few years ago where a company re-assigned a pregnant woman, against her wishes, from her normal job (that involved exposure to dangerous chemicals) to one that didn't. The upshot of the case was that an employer must make reasonable accommodations, but can't force them.

In this case, it would appear that your SIL is requesting a reasonable accommodation that is being denied. Talk to someone who knows that they're doing.

Speak to an attorney. You may not have a claim against the child but IIRC it is federal law that Pregnancy is a protected state i.e.: Pregnancy is considered a disability and you fall under additional protection for the time. There also might be some additional laws in NC but you would need an attorney for that. The Attorney will be able to hit the employer with the big stick.

+1 for speaking to an attorney. Over here in the UK the employer has a duty of care towards employees (ie, is responsible for their wellbeing, at least the work-related one) and a pregnant woman being attacked by a child that has a history of doing that would definitely fall into that category.

Let me know and I'll kick the little buggar's ass.

AngryCorvair wrote: press charges. get the little berkeleyer a criminal record.

The voice of reason (because thats what I was going to say).

You should know that there are two answers on this board. Miata, and speak to/hire a lawyer.

Oh no. There's another popular answer also.

EastCoastMojo wrote: Oh no. There's another popular answer also.

Which, if we assume the daycare is female, would apply also...

AngryCorvair wrote: press charges. get the little berkeleyer a criminal record.

This. He's a bastard because his parents suck. If the law knocks on their door they might be a little more inclined to quit being E36 M3ty parents.

Also - I would put in writing her request to be transferred to an alternate work environment that does not represent a harmful environment for her. If they deny it after seeing it in writing, I'd get the lawyers involved.