Ask the Lawyer-DOES MY EMPLOYER HAVE TO ACCOMMODATE MY WORK RESTRICTIONS DUE TO MY PREGNANCY?
This week’s question: DOES MY EMPLOYER HAVE TO ACCOMMODATE MY WORK RESTRICTIONS DUE TO MY PREGNANCY?
My doctor told me that I should not lift anything over 20 pounds and gave me a note to give to my employer. My employer is unhappy with the restrictions because I regularly have to lift more than 20 pounds to complete my duties. Does my employer have to accommodate this new restriction?
The answer is maybe. The Pregnancy Discrimination Act provides that “[W]omen affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work.” 42 U.S.C. §2000e(k). If you asked your employer for an accommodation, your employer did not accommodate you, but your employer has accommodated others who had similar restrictions, you may have a case where you are being treated differently due to your pregnancy. However, your employer may still avoid having to accommodate your restriction if they have a legitimate, non-discriminatory reason for their refusal to accommodate. A lawyer can help you determine if you have a case.
The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.
