RN Pregnancy discrmination in Illinois?

[nursejoy]

I am a RN and was working for homecare for a little over 3 mos. I was placed on a weight lifting restriction of 25-30 lbs originally due to a work related injury. My injury healed several days later but my doctor kept me on a restriction due to my pregnancy. He wrote a note that I was able to return to work but with a weight lifting restriction due to this pregnancy. I was then told I was unable to perform my job duties and given 30 days unpaid leave then given a letter of termination. I was told I could apply for other positions that did not have weight lifting restrictions but they could not guarentee that I would get the job. If I did receive a job offer I would be tied to that job for 12 months. I became a nurse to care for patients, not sit at a desk. I questioned them about a research study for those nurses on a temp. restriction I was told they were paid per workmans comp and my restriction was due to pregnancy, not a work related injury, and I would not qualify for the job. Do I have a discrimination case and if so how do I go about starting to fight this? Whom do I contact and what is the statute of limitations? Thanks so much.

[Pattymd]

If there is no light duty job available, there is no light duty job available. The employer doesn't have to create one or let someone else go to provide one. You don't get special treatment just because you are pregnant. If the employer would terminate someone who was not pregnant due to temporary inability to physically do their job, they can terminate you as well. They've already gone beyond what the law requires by providing a short leave of absence. You have not worked there long enough to qualify for leave under FMLA. Sorry this is probably not what you wanted to hear.

[ElleMD]

It is not unusual not illegal to reserve light duty for those off for work place injuries. Since you healed and needed light duty for an unrelated reason, it was entirely legal for them to decline to place you.

It was quite generous for them to give you 30 days to find a job within your restrictions. That isn't required. You might not like the jobs within your restrictions but that isn't your employers' fault. Your own doctor is saying that you can no longer do that job safely.