Pregnancy Discrimination at Work

[abigaillynn06]

What is the name of your state (only U.S. law)? Iowa
So, I've recently found out that I am about 7 weeks pregnant. I am a CNA at a nursing home and I had a Dr.'s appt the other day and he always recommends no lifting over 35 pounds. So I left the note for my director of nursing the other day and I get a phone call from her saying, "I received your Dr.'s note about the weight restriction and I'm going to need to call corporate and see what we can do with you. In the meantime I'm going to need you to stay home from work tomorrow morning." In all legality of the situation, I don't think this is fair whatsoever. So I've done a lot of research and I have found under the PDA, if an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing light duty, modified tasks, alternative assignments, disability leave, or leave without pay. So does anybody know the steps/actions I am to take from here on out? Any suggestions would be greatly appreciated! Thanks!

 

[Ladyback1]

What is the name of your state (only U.S. law)? Iowa
So, I've recently found out that I am about 7 weeks pregnant. I am a CNA at a nursing home and I had a Dr.'s appt the other day and he always recommends no lifting over 35 pounds. So I left the note for my director of nursing the other day and I get a phone call from her saying, "I received your Dr.'s note about the weight restriction and I'm going to need to call corporate and see what we can do with you. In the meantime I'm going to need you to stay home from work tomorrow morning." In all legality of the situation, I don't think this is fair whatsoever. So I've done a lot of research and I have found under the PDA, if an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing light duty, modified tasks, alternative assignments, disability leave, or leave without pay. So does anybody know the steps/actions I am to take from here on out? Any suggestions would be greatly appreciated! Thanks!

you might want to wait until the D.o.N has had the opportunity to consult with the higher ups before you start screaming "discrimination". Depending on what other training, skills, etc. you have, it could be easy or difficult to place you in some sort of modified duty.
A lot of industries have an easier time creating/having modified work/job descriptions available. Other industries struggle when it comes to modified work. And, you really have to give them the opportunity to figure out what the game plan is.

(just an aside, I certainly hope that you aren't lifting anything over 35# AWAY from work. Physical limitation/activity restrictions apply to ALL aspects of your life, not just work.)

 

[cbg]

I just went through this the other day with another poster.

Point 1.) There are no circumstances whatsoever, under any law including the PDA, when the law requires that an employer provide light duty.
Point 2.) There are no circumstances whatsoever, under any law including the PDA, when the law requires an employer to create a job description that falls within a poster's restrictions
Point 3.) Pregnancy is, for the most part (there are exceptions) not considered a disability under the Americans with Disabilities Act and accommodations are not required.

If there is no light duty currently available, your employer is not required to make up a light duty job for you.

 

[Silverplum]

What is the name of your state (only U.S. law)? Iowa
So, I've recently found out that I am about 7 weeks pregnant. I am a CNA at a nursing home and I had a Dr.'s appt the other day and he always recommends no lifting over 35 pounds. So I left the note for my director of nursing the other day and I get a phone call from her saying, "I received your Dr.'s note about the weight restriction and I'm going to need to call corporate and see what we can do with you. In the meantime I'm going to need you to stay home from work tomorrow morning." In all legality of the situation, I don't think this is fair whatsoever. So I've done a lot of research and I have found under the PDA, if an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing light duty, modified tasks, alternative assignments, disability leave, or leave without pay. So does anybody know the steps/actions I am to take from here on out? Any suggestions would be greatly appreciated! Thanks!

"...or leave without pay."

 

[commentator]

Your only alternative is, if you are off work for more than two or three days, to file for unemployment insurance. The problem is if they would give any employee with a lifting restriction leave without pay, that's what they are perfectly entitled to give you. If they come up with light duty work for you, fine, but if they don't, you can file for unemployment insurance, and you MIGHT qualify, though you are not really able, available and ready to accept other similar work as long as you have that restriction.

Okay, seriously, do you need that restriction, or is it something the doctor just likes to give to every patient? If it is the difference between your having income and being able to continue working, or being off without pay or unemployment for the duration of your pregnancy, does his "recommendation" really have to stand?

Perhaps you can work something out with your employer where you do less lifting. But though it's maybe not "fair" there's nothing in the law that says they must give you more consideration than you would have otherwise. if you fell at home and hurt your back and your doctor put a 35 pound lifting restriction on you, they'd probably be less sympathetic, not more. Nursing homes have very strong lobbies in most states, and they're not in the business of treating their employees fairly, or even decently in many cases. They're there to make profits.

In that earlier post, it worked out that the employer was agreeable to a sort of light duty compromise to keep the employee working. And that one was on partial bed rest, not even just a vague "35 pound lifting restriction" that is recommended for everyone.

 

[Just Blue]

Do you have something else going on other than Dr. Spock being over protective?

 

[LdiJ]

Do you have something else going on other than Dr. Spock being over protective?

Interestingly enough, both my doctor (when I was pregnant with my daughter) and my daughter's doctor (when she was pregnant both times) restricted weight lifting to 20 pounds. Therefore 35 pounds to me seems the opposite of overprotective. I just figured that 20 pounds was the standard since both doctors did it years apart.

 

[commentator]

Pretty generally a job working as a nurse's aide in a nursing home is going to require lifting patients. That's the nature of the job. Like working as a hotel cleaner requires lifting heavy mattresses while making beds. Of course they're supposed to have enough help and enough devices and procedures that people don't hurting themselves lifting anyway. But we know it does happen. If they'd fired her as soon as she announced she was pregnant or they discovered it, simply because they assumed she wouldn't be able to do the work, that might have been construed as discriminatory behavior.

But when she comes in with a lifting restriction, on a job that requires some lifting? I am not at all sure they are going to accommodate her, since this is one of the major aspects of the work, and thus she will be forced out of the job for the duration of her pregnancy. Should she risk doing the same job, lifting patients as required while pregnant? It's not for me to say, but in our current economic market, it may very well make the difference between being off work with no income and working as long as she feels able.

Unemployment, as I said, will not likely be possible (though if she is put off work, she should file the claim NOW and let them make the decisions.) After she has had the baby and is then released by her doctor with no restrictions, she can go back and re-open this claim and draw it while she is looking for another job if the nursing home does not want to rehire her or does not have an opening at that time.

But pregnancy doesn't affect everyone the same. Many people do strenuous work right up to their delivery date without ill effects. Do you think you need this much restriction? What about off work activities? What about carrying around other children if you have them? Most weigh a bit more than 20 pounds. As I said, an across the board "I give this restriction to all my patients" may not be serving this person well.