Legal Question in Disability Law in Michigan

Pregancy Discrimination

I was about 5 months pregnant when i was injured at work and given a 20 lb weight restriction. my empolyer told me that i cannot work at the facility and have to start my FMLA ASAP. I then asked about light duty, they told me no they are not allowed to assign light duty anymore. one month later I have come to learn that they gave a light duty assginment to another women who works at my same level, only difference is she is not pregnent. do I have a case?


Asked on 1/25/07, 10:31 pm

1 Answer from Attorneys
Joseph Vredevelt Best Vredevelt & Associates

Re: Pregancy Discrimination

Well, it depends. Are you basing your claim on the fact they discriminated against you on your pregnancy or your injury? The Americans with Disabilities Act does not classify pregnancy as a qualified disability and you would not have a worthy claim. However, if they did not offer you an accommodation because of your injury, and that injury classifies as a disability, you may have a claim. It depends on the facts. I would need to know what happened, were you laid off, did you need to take more than 12 weeks of FMLA, did the company offer additional weeks of unpaid leave, were there actually no light duty jobs available. Tell the whole story.

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Answered on 1/26/07, 11:51 am


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