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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111460
Experience:  20+ Years of Employment Law Experience
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I am 17 weeks pregnant and I have a note from the previous

Customer Question

Good morning, I am 17 weeks pregnant and I have a note from the previous obgyn I was seeing in Fair Oaks regarding my maternity duty and restrictions. My employer is not abiding by my previous doctor's orders. Part of my note states that I am required to elevate my feet. I am assigned to sitting in my vehicle 8 hours a day watching for bicycle thefts in a parking lot. It wasn't bad during the first trimester, with the exception of lack of access to a sanitary restroom and not being able to elevate my feet. I wasn't experiencing swelling. But, as I progress, it is becoming increasingly difficult and uncomfortable to be in the car this long and I'm beginning to experience swelling of my lower extremities, back and hip pain. I can't get out of the car too often because officials will call me over the radio and I don't want the general public to know that I'm a police officer as I will not be able to protect myself from a threat. I requested an office setting and was refused. I was offered a position in the office downtown and I explained that would cause a financial hardship of approximately $600/month for parking, as it costs $30 a day to park on a meter for 8.5 hours a day and with the time limits on the meter, I have previously received tickets for parking over the time limit. My lieutenant suggested that I catch the train, but I get violently ill while riding the train. It causes nausea and dizziness and that leads to vomiting. I was then advised by my sergeant that I have to report to my previous assignment. There are other office assignments available, for which I am being denied. The Lieutenant told me that she requested that I be permanently assigned to our police district in Springfield. The deputy chief is denying her request and has ordered me to return to the parking lot. There are no other pregnant women assigned to the lots.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to start by going to your doctor and getting a new letter explaining your difficulties and asking for reasonable accommodations as provided for in the law for pregnant employees including possibly light or limited duty positions. If your employer is still refusing, then your next step is a complaint to the DC Office of Human Rights (http://ohr.dc.gov/page/pregnantworkers) and you also can seek to take leave under the Family and Medical Leave Act until the matter is resolved for refusal to provide you a reasonable accommodation. You would need a new current letter based on your current condition explaining how this is becoming an issue for you and how you need reasonable accommodations and specifically what those accommodations need to be. If the employer is still refusing, then file your complaint to the DC OHR regarding the denial and if they cannot resolve the issue, you need to obtain a local employment discrimination attorney to pursue a claim against the employer.