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Pregnancy West Virginia

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  • Pregnancy West Virginia

    My girlfriend is pregnant and we work in inventory for (deleted). She asked if she could only count in apparel, because she gets dizzy when she gets on ladders and she is not supposed to lift more than 30 pounds. Our boss said that she can not have special treatment just because shes pregnant. He told her that his wife worked all through her pregnancy and didnt miss a day. My girlfriend is not asking to miss work she just needs a lighter workload because of the baby. Can my boss make her do heavy work that could possibly be harmful to the baby?
    Last edited by cbg; 02-10-2008, 04:29 AM.

  • #2
    Pregnancy is not considered a disability for which an accomodation must be granted, and the Pregnancy Discrimination Act says that she must be treated the same as if she is not pregnant. So there is no law that requires the employer to provide light duty for her and it is legal for her employer to require her to perform the duties included in her position.

    That being said, if there is a MEDICAL reason why she is unable to perform the duties of the position she was hired for, she needs to provide medical verification of this to HR. They will be required to treat her the same as a similarly situated employee who has a temporary disability that is not related to pregnancy, whatever that may be. Please note that this does not mean she is guaranteed a change in her duties if the hypothetical similarly situated employee would not receive one.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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