12 weeks pregnant, cashier, doctor requested no heavy lifting and sit breaks. Job won't accommodate and took me off schedule. What are my options? FL

If you have a qualifying disability recognized by the Americans with Disabilities Act (ADA), and can perform your essential job duties if reasonable accommodations are made (check your job description for a description of your essential duties) your employer must make reasonable accommodations if they are an employer covered by the applicable laws. If your employer makes reasonable accommodations for other employees with disabilities, they must do the same for pregnant workers under the Pregnancy Discrimination Act (PDA). Ask your Human Resources for accommodations under the ADA and PDA in writing, and attach a copy of your doctor's recommendations to your request. If making the requested accommodations does not create an undue hardship for your employer, they must participate in an interactive process to find effective ways to accommodate, such as assigning heavy lifting to other employees and permitting you to take reasonable sit breaks. You should speak to an employment attorney in your area for specific advice so the attorney can review all of the facts and give you legal advice based on those specific facts. For example, an attorney can review your medical records to determine what type of medical condition you have and determine if it is a qualifying disability protected by law. There is also information available on the Equal Employment Opportunity Commission (EEOC) website at EEOC.gov that you can review about the ADA and PDA. Please also be mindful that there are time limits involved, called the Statute of Limitations (SOL) that must be met to protect you. If you do take legal action prior to the SOL period expiring, you will be barred from taking any type of legal action once the time passes, so don't delay seeking legal advice.

posted by Annette Newman  |  Jul 4, 2017 06:23 AM [EST]