What are my rights ifI was just fired by my employer for recieving a standard restriction letter for pregnant women statingthat Icould not lift more than 40 lbs?

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What are my rights ifI was just fired by my employer for recieving a standard restriction letter for pregnant women statingthat Icould not lift more than 40 lbs?

Prior to the restriction letter which was issued by my doctor, I worked under a prohibition period for 2 months. During this time I had never lifted anything more than 5 lbs. I had asked if I was being fired for the restriction and they said no but they had stated numerous times that if the restriction was lifted I would be able to work. Do I have cause to take action? I have been waiting 5 days with no pay until they decided to fire me.

Asked on December 22, 2011 under Employment Labor Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your were fired by your employer because you were pregnant, you should consult with a labor attorney and your local labor department. You need to be aware that an employer cannot terminate an employee just because she is pregnant. To do so is gender discrimination and is not allowed under federal and state law.

In your situation, your employer should have made every attempt to make reasonable accomodations for your work given your physical condition as required by state and federal law. Meaning, your employer was required to find alternative tasks for you to do in the workplace if you were not able to do your normal tasks due to your pregnancy.


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