Termination due to pregnancy related weight restrictions

Previous | Next
 rated by 0 users
Latest post Tue, Apr 10 2012 12:41 PM by OliviasMom. 9 replies.
  • Mon, Apr 9 2012 9:27 AM

    • fandb1312
      Consumer
    • Not Ranked
    • Joined on Mon, Apr 9 2012
    • VA
    • Posts 3

    Termination due to pregnancy related weight restrictions

    I am pregnant and my Dr. wrote an order for no heavy lifting. I work in an ICU where heavy lifting is required. Upon notifying my Mgr, she took me off of the schedule and told me she does not have light duty positions in the ICU and that I need to speak to HR. Upon going to HR, I was told that they are not required to provide a light duty position for me, and they do not offer unpaid medical leave, therefore they do not have to hold my position. I do not qualify for FMLA because I have not been at this employer for 12 months. I know from speaking with my peers that they have provided light duty positions to others in the past with other medical conditions. When mentioning this to HR, they told me that decision is at the managers discretion, and if my mgr cannot accomodate me then there's nothing they can do. My question is, am I covered under EEOC for termination due to pregnancy? Also, under the PDA it states they must treat you as any other temporarily disabled employee; with that being said, if they do not have a specific policy but it is known that they have provided for others, do I have a leg to stand on? 

  • Mon, Apr 9 2012 9:51 AM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on Thu, Dec 21 2000
    • MA
    • Posts 6,860

    Re: Termination due to pregnancy related weight restrictions

    The question is, have they provided light duty for other pregnant employees? And are there any light duty positions open within your qualifications?

    Neither the ADA nor the PDA requires that they create a light duty job for you if none exists. Although pregnancy discrimination is prohibited, it is far from clear that this is discrimination. (Pregnancy is NOT covered under the ADA, so they are not obligated to provide any kind of accomodation.)

    No law requires that light duty be provided under any circumstances.

  • Mon, Apr 9 2012 9:52 AM In reply to

    • Carol757
      Consumer
    • Top 100 Contributor
    • Joined on Tue, Apr 10 2001
    • Posts 419

    Re: Termination due to pregnancy related weight restrictions

    Neither law requires an employer to create a light duty position if none is available, which may be the difference between your situation and those of other employees who have been able to move to light duty positions.  If you still feel that you have been discriminated against, your recourse is to file the complaint with EEOC and see what they say, 

  • Mon, Apr 9 2012 6:46 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 49,658

    Re: Termination due to pregnancy related weight restrictions

    You need to reformulate the question with somebody more up to date than I am--- I think there may be a problem IF the employer provides in general for  weight restrictions /light duty  IF you are excluded from same merely because your are pregnant.  It a close call and beyond me--if employer provides  for  light duty for some in your job (say LPN or RN)  it might be stuck to offer it for all--despite the views of an individual manager .  (Around me they seem to find "light duty " janitor jobs for males but not females --I suspect sombody will get burned on that one--)

     



  • Mon, Apr 9 2012 8:27 PM In reply to

    • fandb1312
      Consumer
    • Not Ranked
    • Joined on Mon, Apr 9 2012
    • VA
    • Posts 3

    Re: Termination due to pregnancy related weight restrictions

    Yes, I may have to do that... I do understand that they are not required to create a light duty position for me, but are they allowed to terminate me... that's what I'm unclear on. I know this is kind of a catch 22, because the EEOC says you cannot terminate due to pregnancy, and I'm sure they'll say they're terminating me because I cannot perform my job functions... but it's because I'm pregnant! So although it all revolves around me being pregnant, will they be able to creatively squirm their way around that? Well we will see what happens, I just hope I'm able to find another job... because it's extremely hard to find a new job when you're pregnant.

  • Mon, Apr 9 2012 8:33 PM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on Sun, Jan 3 2010
    • Posts 4,338

    Re: Termination due to pregnancy related weight restrictions

    fandb1312:
    do understand that they are not required to create a light duty position for me, but are they allowed to terminate me... that's what I'm unclear on. I know this is kind of a catch 22, because the EEOC says you cannot terminate due to pregnancy, and I'm sure they'll say they're terminating me because I cannot perform my job functions... but it's because I'm pregnant!

    fandb1312:
    will they be able to creatively squirm their way around that?

    There is no need for the employer to "creatively squirm" its way around that.  If you have to be off work because you are restricted to light duty and there are not light-duty positions availabe for which you are a match, the employer does not have to keep you on.

     

  • Mon, Apr 9 2012 8:36 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 49,658

    Re: Termination due to pregnancy related weight restrictions

    They can terminat you for cause if you are unable or unwilling to do the assigned tasks.....



  • Mon, Apr 9 2012 9:18 PM In reply to

    • fandb1312
      Consumer
    • Not Ranked
    • Joined on Mon, Apr 9 2012
    • VA
    • Posts 3

    Re: Termination due to pregnancy related weight restrictions

    LG81:
    There is no need for the employer to "creatively squirm" its way around that.

    Once more, I understand that they are not required to provide light duty for me, that is not what I was referring to... I was referring to being terminated, and them possibly being able to word my termination as something else other than being pregnant.

    And according to the PDA, they must provide me with the same treatment as they provide others. I was told by my manager that they just hired a bunch of interns, and they are occupying all of the light duty positions. They have accomodated people in the past, and they're telling me there are no positions right now. But is that grounds for termination?

    I am going to file a complaint with the EEOC and see what they say. 

  • Mon, Apr 9 2012 9:25 PM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on Thu, Dec 21 2000
    • MA
    • Posts 6,860

    Re: Termination due to pregnancy related weight restrictions

    Yes. They are able to terminate you if they are unable to provide work within your restrictions. Even if you are pregnant. If they do not have any light duty positions, then they do not have any light duty positions. They are not required to fire one of the interns or create a light duty position for you. The fact that there were light duty positions when other people needed them does not obligate them to bump someone else out of a job or make up a job for you because you need one now.

    You are not being terminated because you are pregnant. You are being terminated because you cannot perform the essential functions of your position and they do not have any openings within your restrictions. That is legal. Even if you are pregnant. Even if, by chance, they had light duty openings when other employees needed them.

    I do not know how to make this any more clear than that.

  • Tue, Apr 10 2012 12:41 PM In reply to

    Re: Termination due to pregnancy related weight restrictions

    They are not terminating you because you are pregnant. They are terminating you because you are unable to do the job and they do not have to accomodate light duty. Pregnancy does not "protect" you from getting fired, just as if you miss work do to DR's appts they can also fire for that. They can terminate you if you are unable to do the job. There is a big misconception that pregnancy protects you, and it does not especially when you do not qualify for FMLA.

Page 1 of 1 (10 items) | RSS

My Community

Community Membership New Users: Search Community