I am 18 weeks pregnant. I have had one miscarriage, so I guess they categorize me in the high risk category. My job is project assistant, and one of my responsibilities is shipping mine components to site. This morning I received an email stating that is my responsibility to ship these heavy mine components, put the package together and etc. each part weighs about 5-9 lbs. I do not feel that as being pregnant they can place this all on me and not offering any help. what are my rights? I don't want them to come back and fire me for not being able to do my job, due to being pregnant...

Has your doctor prohibited you from doing such lifting? Have you provided the employer with this restriction?

The law entitles you to exactly the same treatment as anyone else with a medical condition of a similar duration, with the same restrictions, in your same job. 5-9 lbs. is fairly minimal and you probably lift that in other aspects of your life such as laundry and grocery shopping. If you are concerned, talk to your doctor as this also has the potential to affect other areas of your life as well. I would also check to see if you are truly in the high risk category. One miscarriage alone usually doesn't designate someone high risk.

You may qualify for FMLA if you can not perform your job, your employer is not eilling or able to provide light duty for the next several months, and you otherwise are eligible. You would have to be there one year, have worked 1250 hours, and work at a facility with at least 50 employees within a 75 mile radius. If so, you are entitled to up to 12 weeks of job protected unpaid leave. Anything beyond that is at the descretion of your employer.

they are 5- 9 lbs a piece, total shipment anywhere from 35- 50 lbs. Sorry is should have specified, and no the doctor has only warned me from lifting heavy items. I also wanted to ask, they changed me from salary to hourly because I called in sick ONE day. I have submitted a request for a job description at least twice now, and have asked my HR/ controller office Manager the following;
"At this point I am requesting from you clarification what hourly means and what impact it has on sick days and vacation, and maternity Time, overtime etc. Does that also mean that I am a nonexempt employee? How do you wish for me to keep track of the time that I am here? I never received a job description promised to me when I first took the job, please consider this a formal request for one."
There has been no response on any of the requested information, should I keep asking and badgering her for it?

You are still only entitled to the same accommodation that would be allowed for someone else with a medical condition that needed light duty for several months. This is assuming your doctor defines heavy lifting and indicates that you can not lift these boxes. You might also then ask your employer for a cart to transport them or other accommodation. They aren't obligated to provide it by law, but most reasonable employers would try and work with you.

Being changed to hourly (which is non-exempt) isn't necessarily an adverse employment action. Whether it should have happened after one day off is immaterial. If that is the employer's policy, it is legal. It is always legal to pay someone as non-exempt. In some cases it is the preferred method as you would be eligible for OT.

There is no legal requirement that there be job descriptions, nor that you be given one if ther eare. You can ask, but you aren't entitled to it. No need to badger anyone, but I would schedule a time to follow up. You might also try speaking with your manager.

Hi, CharlaP --

You may want to talk to an attorney about your situation. There have been several cases decided recently that come to mind as I read your post. In one, a woman had no lifting requirements in her job until she became pregnant. Once she announced her pregnancy, her employer told her she had to lift heavy things. Also, although others in the workplace were allowed to have help lifting things if they had bad backs, etc., this woman was told that if she couldn't do the lifting, she'd have to go out on leave. The court said she had adequately stated a claim for pregnancy discrimination.

In another, a woman was changed from salary to hourly once she announced her pregnancy -- which impacted her rate of pay and the amount of paid maternity leave she had available to her. Again, the court found that she had a pregnancy discrimination claim.

The point of this is that situations such as yours are highly fact specific. You need an attorney who is knowledgeable about family responsibilities discrimination and who can take the time and sit down with you and get all the facts and help you decide whether you have a claim.


**The foregoing is provided for educational purposes only and does not constitute legal advice. **