- May 23, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation at Work: Potential Discrimination Based on Weight Restrictions
Yesterday at work, my wife received confidential information from her boss indicating that she may be fired when her weight restrictions come into play. This has raised concerns about whether it would constitute a violation of her civil rights. Her current healthcare position requires physical manipulation and lifting of individuals, but there are less demanding roles within the organization that she has previously worked in. The workplace is in Illinois.
## AI Legalese Decoder Solution
AI Legalese Decoder can be a valuable resource in this situation. By utilizing this technology, we can effectively decipher complex legal language and regulations to better understand the rights and protections available to employees in similar circumstances. Additionally, the AI Legalese Decoder can provide insights on how to navigate potential discrimination issues and explore options for reasonable accommodations in the workplace.
## Updated Conversation with HR
Following her conversation with HR, it was determined that she would be placed on leave upon receiving a weight restriction from a doctor. HR stated that all employees must be able to perform any job at any given time. While this may seem like a reasonable policy, there is concern about the accuracy of the claim that the job primarily consists of repetitive lifting, as this may not be true for the majority of employees.
## Seeking Leverage and Understanding
Despite the assurance of not being fired, the decision to place her on leave at the company’s discretion raises questions about the reasonableness of the accommodation provided. By leveraging the knowledge gained from AI Legalese Decoder and seeking further clarification from HR, we can work towards ensuring fair treatment and exploring options for a more suitable resolution.
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Is she eligible for FMLA (employed at least a year, at least 50 employees in a 75 mile radius of her work site, worked at least 1250 hours in the past 12 months)?
NAL but I work in HR and work with ADA. Leave is a reasonable accommodation if there are not ways to accommodate on the job. It sounds like her job’s essential functions are lifting based on what you said, so if her lifting restriction would prohibit her from doing that then it is removing an essential function which isn’t reasonable. Do they have any current job openings that she is qualified for where her restrictions could be met without impact to the essential functions? For example a desk position that wouldn’t require her to lift as an essential function? If so she can ask to be moved into that role for the duration of her pregnancy as a reasonable accommodation.
Here’s the EEOC page for the [Pregnant Workers Fairness Act](https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act), which went into effect last month.
In Illinois we have a lot more protections than federal. Contact the IHRC.
As somebody else has pointed out she is covered by the Illinois Human Rights Act and the IHR Commission would be the best group to speak to if they violate her rights.
Before that happens, she needs to get everything in writing. For every meeting and every conversation she needs to take copious notes and write a summary email of how she understood everything that was said.
The minute she is placed on unpaid leave (paid leave is an accommodation) or fired reach out to the commission. Show the record of requesting accommodation and the resulting information from her notes.
Look for a sign anywhere in the building or a policy that says recording may be or is being done. If it is, the business has given consent to recording and she won’t be restricted by Illinois’ two-party consent law. If there is no such notice or policy then she MAY NOT record a conversation without consent.
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