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Woman claims workplace discrimination after becoming pregnant

A former employee of Sava Senior Care -- with locations in Texas -- claims that she was mistreated after she became pregnant. She claims she was the victim of workplace discrimination because she was not provided the opportunity to be on light duty. The Equal Employment Opportunity Commission filed a complaint on her behalf to try to hold the senior facility accountable.

The plaintiff alleges that she visited with her doctor after she became pregnant, and she was told that she was unable to lift 35 pounds. She filled out the facility's reasonable accommodation request form so that she could work on light duty. According to the complaint, the facility allowed workers who were unable to lift to work on light duty. The former nursing assistant maintains that those in her position could still assist residents, even with these restrictions. She claims she could help residents with oxygen tubing and nebulizers as well as helping to clean and feed them.

The woman assumed that she would have no problems being placed on light duty, but she was instead denied because she could not lift the 35 pounds required in her job description. The plaintiff went back to see her doctor again, asking to have the restriction lifted so that she could work. Her new note said that she could lift up to 35 pounds, but she would require assistance with anything heavier. This time she was purportedly told that she could not come back to work until all of her restrictions were lifted.

For a little over a month, the plaintiff was not able to work and, a week after she returned, she took her pregnancy leave. Because of the workplace discrimination, she never returned to work at the facility. The American Civil Liberties Union assisted the plaintiff in her settlement as well as others. According to a Supreme Court vote in March of 2015, pregnant workers in Texas and elsewhere cannot be denied the same accommodations as those who are injured on the job.

Source: citizen-times.com, "Local woman settles pregnancy discrimination case", Beth Walton, Dec. 4, 2015

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