pregnant and fired from job

[095489487]

What is the name of your state? NY
I was hired by a state agency to work with mentally handicapped people. Was pregnant at the time and was able to perform my job duties ie: lift over 30 lbs - handle abusive clients etc. Last week doctor put limitations on my lifting abilities and close contact with abusive(hitting,pushing etc) clients due to some problems with pregnancy. Am still able to work but cannot be in these situations until after delivery. Agency refused to place me in another position and have fired me. They are also telling me they will not let me collect disability. Do I have any recourse and can they stop me from filing a disability claim?

 

[Beth3]

That depends on how they would treat another employee similarly situationed and with similar restrictions for reasons other than pregnancy. If they refused to transfer or accommodate just the pregnant employees, that would be prohibited by the Pregnancy Discrimination Act. If they're treating you the same way as they would any other restricted employee, what they did was legal.

No, they cannot prevent you from filing a disability claim. They are free to inform the insurance carrier they don't believe you meet the criteria for disabilty under the terms of the policy however. It will be up the carrier to make the determination as to your eligibility.