jen454
10-25-2004, 06:52 PM
I am 3 months pregnant and work in a nursing home in Oklahoma. My OB put me on a 20 pound lifting restriction. Due to this restriction i was told that i had to change positions within the company that my boss new i would not be able to do because of the hours and my babysitter situation. The only other option that they would give me is taking fmla early. In the past they have made accomadations for other pregnant workers, but are unwilling to do this now. Is there anything i can do???
LConnell
10-25-2004, 08:49 PM
They are treating you differently than other women who were pregnant...any ideas as to why? Could it be because of your race, national origin, religion, a disability or because you may have filed a claim of discrimination or workers compensation, etc., in the past? If so, then refusing to accommodate you is illegal.
However, if there isn't a reason for the different treatment, it may not be illegal. Please provide additional information so that we can give you guidance.
jen454
10-26-2004, 05:03 AM
The reason they are treating me differently is because the D.O.N. just plain doesn't like me. This has been an issue in the past and i have even brought it up. They have made exceptions for people who have been in car wrecks and have lifting restrictions. When they do this it is always the same hours that they usually work. She said she wont do this for me. Because my situation is different and i will be on restriction longer. I hope this helps. I am running out options.
LConnell
10-26-2004, 07:23 AM
Attorneys advise their corporate clients to offer employees with restrictions another position. If the employee refuses the position, the employer can require the employee go on leave. I understand that you don't want the new job because of the hours and your issues with babysitting. However, if at all possible, I would suggest you take that job...and let your employer know that you are asking for the first job that becomes available with the hours you need AND that meet your restrictions. Also, you'll want to put that request in writing, so that you have proof of your request should a job come available in the future and it is not offered to you. (Make sure that you keep proof that you delivered the letter, such as sending it via certified mail, return receipt requested. Keep the receipt that is returned to you.)
Let me know if you have any other questions.
