Anchorage, AK asked in Employment Discrimination and Employment Law for Alaska

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.

1 Lawyer Answer
Sara L Bloom
Sara L Bloom
  • Employment Law Lawyer
  • Anchorage, AK
  • Licensed in Alaska

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

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