Is this a case of gender/pregnancy discrimination?

I am a Correction Officer at a Prison. The contract between our union and the employer states that: "The employer will make a good faith effort to provide alternative, comparable work and equal pay to a pregnant employee upon a doctor's recommendation." This is in addition to the pregnancy discrimination act of 1978 My doctor has given me a restriction which is no heavy lifting limited to under 50 lbs. which I had to be able to lift at least 50 to get hired. Additionally, they have told me that this is not medical restriction and they are going to continue to place me in my normal work areas. They have threatened me and told me that if I get any other restrictions, (including minimal contact with inmates which such areas do exist) from my doctor that they will force me to leave work on disability pay even though they claim that pregnancy is not a disability. People with similar medical conditions have gotten to participate in a return to work program which places them on light duty or in areas with minimal contact with inmates. They are talking to me in circles what should I do?

1 answer  |  asked Jun 2, 2010 5:07 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
Pregnancy under the law is to be treated as a short term non-work related disability. It is not intended to harm your standing the in the workforce once you are able to resume your duties. Conceptually, think of how a male corrections officer with a broken arm would be treated. The restriction on lifting should be honored, unless the employer makes all persons go on leave with disability pay. In essence an employer can treat employees returning from work related injuries a little different, but you should still be eligible for benefits. I would encourage you to take the time to consult with an employment lawyer near you.

Get all your documents together, policies, etc. and select an employment attorney near you to talk with, you can find one near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Jun 18, 2010 2:28 PM [EST]

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