Legal Question in Disability Law in Georgia
Would this be consider discrimination if you are pregnant and request for a higher stand because your belly is getting in the way and causing you to have to reach above your head and they tell you that they can not accomdate to you because of your pregnancy but then on the other hand another associate is too short to reach the station that he is working at and they accomdate him by getting another stand so that he could work?
1 Answer from Attorneys
The Pregnancy Discrimination Act (PDA) prohibits employers from treating pregnant employees less favorably than other temporarily disabled employees. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments, or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled because of pregnancy to do the same. Unless there is some legitimate reason why your request for a higher stand cannot be accommodated--just as your co-worker's request was--the facts you describe would appear to violate the PDA. To pursue a claim, you can file a Charge of Discrimination with the nearest office of the Equal Employment Opportunity Commission (EEOC). Before doing so, it is always a good idea to consult with a local attorney, such as myself, specializing in labor and employment law in Georgia.
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