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Dorothy
10-26-2004, 04:02 PM
I have a friend who has been employed with the same company for over 4 years in Kansas. During her first two pregnancies her Doctor gave her a 20-25lb weight restriction. Her employer accomodated her and she was not required to lift over that. She continued to do her job very well and has received both raises and positive evaluations. She is pregnant again, and her employer told her they would not accomodate the weight restriction, if she could not lift up to 50 lbs she would be required to go on short term disability, which she can receive for six months. Following the six months, she will no longer have a position with this company. This company has a history of making accomodations for pregnancy for not only my friend but for several other women as well. Can they legally do this? If they can legally make her take the disability, can she then get three months of FMLA following the disability so she will not lose her job and her insurance? She found this out today and her STD starts tomorrow, please resond asap. Thanks, Dorothy

LConnell
10-26-2004, 07:38 PM
They can if there isn't a position available that meets the restrictions and they don't treat her differently than others who are not pregnant. The fact that they have accommodated your friend's first pregnancy and restrictions of other pregnant women will make it hard to argue that they are being discriminatory now. Has something changed since her first pregnancy...such as a new manager, perhaps her performance level, her record of absenteeism, etc.?

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