Many job postings list a requirement that the employee be able to lift a certain number of pounds. This often differs based on the type of employment. For a simple office job, they may be told they need to lift 20 pounds, for example, while a warehouse worker may see a posting saying they need to be able to lift anywhere between 30 and 50 pounds.
However, when someone is pregnant, their doctor may give them lifting restrictions. Both during and after the pregnancy, while they recover, it may not be safe for them to lift the same number of pounds that were listed in their initial job description when they applied. Can their employer still tell them that they have to uphold this obligation, even though their doctor says it is unwise and potentially dangerous?
Making reasonable accommodations
No, workers in this situation should not be forced to lift anything that is too heavy and could put them in harm’s way. Under the Pregnant Workers Fairness Act (PWFA), employers have an obligation to make reasonable accommodations. An employer cannot legally fire someone because they are pregnant and can no longer lift the same amount of weight. The worker should be given a temporarily reduced requirement so that they can keep their job.
Reasonable accommodations could also include scheduling changes, a temporary shift of work duties or even assigning other employees to help. In some cases, assistive technologies may be used, such as devices that can help with lifting or transporting particularly heavy items.
When an employer refuses to make reasonable accommodations or simply terminates the employee, it could be an example of pregnancy discrimination. It may be wise to get legal guidance.