Legal Question in Employment Law in New York

Pregnancy discrimination

My sister is a CNA in a nursing home. Four years ago she was fired for attendance issues due to health problems with her pregnancy. She was told she could reapply after she had the baby and did and was rehired. She is now pregnant and due in Dec. Her doc put her on 20lb weight restriction due to her past history. HR told her they cant work her she needed to apply for unemployment and could reapply after she has the baby. the facility is a no lift and is fully equiped with lifting machines. HR then told her to fill out disability forms which she did and stated that she was not disabled but that she had a 20lb restriction. HR called her and said they were putting her on FMLA. The papers were sent to her. She has not signed them, the 12 weeks will fall months short of her return to work dateafter birth. My sister is in a union, however they are not doing anything to help her. If a pregnant CNA is given a lifting restriction or asks for help because she is pregnant she is either fired to simply taken off the schedule. Can they do this to my sister?It seems to me they are violating the Pregnancy Discrimination Act. HR told her to reapply after the birth and that she should bne rehired bec. she is a good worker. Thank you.


Asked on 6/17/07, 8:44 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Pregnancy discrimination

Under the Pregnancy Discrimination Act the employer can offer alternative or modified employment or disability or unpaid leave.:

"If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay."

It seems that they may well be within their rights. Your sister should still consult with an attorney to be sure.

Good Luck.

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Answered on 6/17/07, 8:54 pm


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