My friend works in Nebraska for a very large retailer in their distribution center. She found out she is pregnant and the doctor said she should not lift over 30 pounds. Her job duties entail lifting and lifting some heavy stuff. The company is not helpful and suggested she go on unpaid leave of absence. She can't afford this, as she is expecting a baby.

Doesn't the company have some right to work with the employee? Is it discrimination due to her condition?

Thank you.

The law does not require her employer to provide modified duty. If they regularly provide this for other employees who need it for temporary medical restrictions not the result of a work injury, then they can not deny it to her just because she is pregnant. An unpaid LOA is reasonable.

If she had a permanent disability her employer would be obligated to work with her to find an accommodation that allowed her to keep workingbut still perform all the essential functions of her job. There is no such requirement based on pregnancy or other temporary conditions.