Hello, I am writing for my fiancée and could desperately use advice on the subject. Basically she has been working as a bartender at a private club working on average of 20-30 hours a week. She has had roughly the same hours for about 7 months and has been working at this club for over a year. She is considered high risk and was recently given a doc note that she cannot lift more the 20 lbs. I am not sure why she gave to her employer since she doesn't really lift more then 20 lbs on a normal day, but upon receipt of this note she was immediately reduced to 1 day a week or about 4-6 hours a week. Apparently the bar manager hired a friend of hers who has taken over her hours, being immediately given 4-5 days a week and has only been employed with the club for 2 weeks.
The problem comes in that we just moved into a new house over the summer and due to this radical change we may end up loosing the home before our child even arrives. We fear she may be to far along for any other employer to hire her knowing she will be out on maternity leave in a few months.
Is there any protection for workers in Illinois that are pregnant from this kind of discrimination?

One last piece of knowledge she did sign a piece of paper about 4 weeks ago that was state legal notice saying after her maternity leave she is entitled to regain the hours and position she held prior to her leave. This is what makes me think they are violating her rights with this latest move. Any input would be greatly appreciated. Thank you.

Whether it's discriminatory or not depends on whether they would treat a non-pregnant employee who presented a doctor's note with a similar restriction. Being pregnant doesn't entitle her to special treatment; it entitles her to equal treatment.

She should talk with an attorney. The fact that the employer is still letting her work one day a week strikes me as an admission that lifting is not a requirement of the job. In decades past, women used to be routinely fired or forced out on leave when pregnant, but Congress and the courts put an end to that long ago.

There are a number of reported cases involving discrimination against pregnant women who have lifting restrictions, and many have been resolved in favor of the pregnant women. The women tend to win if the job doesn't require the ability to lift a certain amount, or if other, non-pregnant employees in similar positions who have temporary injuries aren't forced off the job.



--Cynthia

**Note: the foregoing is provided for educational purposes only and does not constitute legal advice.**

No referrals of any kind on this board, please.

I was thinking it might be smart because its hard to believe that two days after turning in a lift notice she loses all her hours she has had for months. They have admitted they are trying to get her to quit and so we are going to look into it more. Thank you all for the reply.