Pregnancy Complication

Leslie

[font size="1" color="#FF0000"]LAST EDITED ON 05-13-05 AT 05:11PM (CST)[/font][br][br]My friend is HR director for a construction company. They hired a woman painter 15 days ago. Their application includes all the disclaimers required for the position....the job requires you lift so much, that you will be around chemicals, and you obviously will be around paint. Each item must be initialed. Well, she came in today and said she was pregnant and can no longer do any of those things she said she could do 15 days ago and now wants accommodation of office work. She does not speak English, so office work, even if there was a job available, which there isn't, is out of the question. She was sent to a doctor to return with exact medical limitations...not just her own say so. So when she returns, considering pregnancy protection, what say you? Or if it turns out she's like four months along, did she lie on her app?

mbeam

Sounds to me like she isn't able to fulfill the essential requirements of the position and no accomodations are available (not there long enough for either FMLA or short-term disability (I'm guessing)) so would look to term.

Best to confirm with an attorney though just in case as you don't want to find a pregnancy discrimination lawsuit on your hands.

Don D

Unless some odd state law is in place requiring accommodations for pregnant women, accommodation is not an option. She said she could do the job and now she cannot do the job she was hired to do. I'd reemphasize to her what the job's requirements are and invite her to reapply when she is capable of performing them. Advise your friend to steer totally TOTALLY clear from any mention or notes about pregnancy. It's as simple as not being able to perform your job and there's no safety net for her.

Crout

I would say that you should at least have a meeting with her to explore the possibility of accommodation before jumping to a termination. However, assuming that no accommodation is possible, I agree that you can term her because she is not able to perform the essential functions of the job.

HRGirl

Does the company have a probationary period? If so then she can be let go without any problems. Isn't that what a probationary period is for? If you don't work out...thanks but sorry.

Dasher

Perhaps a number of years ago I might have been in the "try to accommodate" camp. But after the third assistant with time and attendance issues that never clear up, simply transform into another shape, I now advise: "Sorry you can no longer do the job you were hired to do 15 days ago -- Good Bye".

Gillian3

No, the probationary period is not a time free of all the protections available to those in a protected class.