Q: Located in Alaska-I work at a union Safeway location. I am 8 months pregnant. I have accommodations in place for a stool
I have had reduced hours for the last several months. My store is currently stating that I cannot work at self checkout due to my stool as it is a "tripping hazard". Are they legally allowed to claim this and use the stool accommodation as a reason for not being scheduled for this position within the store? I am only being scheduled at a regular check stand, and receive less than 20 hours a week. My accommodation has been in place since I was 3 months pregnant. Prior to working at the check stands, I was working in the deli department. They moved me out of the department and made me a checker. Due to the change of position, I now have more people with higher seniority so they get priority with scheduling. I am fully capable of all duties of self checkout, just need the stool to use while not helping customers. The self checkout has its own register for the person working, so I don't see how it would be any different than a person standing there.
A: I would speak to your union if your company is violating the CBA by violating seniority rights. You may also want to contact the Anchorage Equal Rights Commission and/or the Alaska State Commission for Human Rights or EEOC and file a claim for discrimination based on pregnancy or sex. You can also contact an employment discrimination lawyer such as myself. It is illegal to discriminate against someone on the basis of sex or because they are pregnant under Alaska State and Federal law and in some cities such as Anchorage under local law.
Brad S Kane agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
