My employer states they cannot accomodate my pregnancy by forcing me to climb ladders unless I have a note from the doctor, at that point they will put me on a leave of absence although climbing roofs is only a minor part of my job, there are many other facets I can do without having to take a leave of absence. Is this legal?

How many employees in your company? I take it that your doctor has not restricted you from climbing ladders? Would he/she?

I work for a major insurance company, although I am the only adjuster for Montana and half of Wyoming. I am 6mo. along and my doctor would probably write the note as I am now front-heavy and of the danger of falling.

Then if it is medically indicated that you should not climb ladders, you need to have the doctor communicate that to the employer.

Under the PDA, employees who are pregnant must be treated the same as any other similarly situated employee who has a nonpregnancy related medical condition and restrictions; no special "favors". Theoretically, if they wouldn't offer light duty to an employee who had, for example, his arm in a cast, for the same amount of time, they don't have to offer it to you, either. And very often, light duty positions are few and far between and are often reserved for Worker's Comp injuries.

You say that climbing ladders is a minor part of your job, but then you state that you are the only adjuster for a (geographically) large state, and half of another one. Seems to me that, as such, it would be pretty hard to offer light duty if they had to find somebody else from another state to climb a ladder if it was necessary.

Prior to my hiring, they worked these claims via independant companies they would hire for such jobs. we are in winter season, meaning the necessity of having to inspect a roof is few and far between. There is not much hail this time of year. Still, when claims are too far, they will handle these from the inside or still hire an independant firm for inspection. I am not understanding why they would not do so for such claims within my territory.

However, there is nothing in PDA that requires they accommodate your pregnancy by hiring an outside IC. If your doctor says you should not perform a part of your job and they would put another employee out on leave who could not perform this task for a similar lebgth of time, it is legal. It may not be the best business or management practice to do so, but it isn't violating any laws.

Okay, that answers my question. Thank you.