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Exceptions for pregnant staff not required, says judge
LTC Liability Monitor, May 19, 2004
Nursing homes may have the legal right to fire employees who are unable to meet job requirements-such as being able to lift 75 pounds-due to pregnancy, according to a federal judge's ruling in Baltimore.
A certified nursing assistant brought a case against Genesis Health Ventures of Salisbury Inc. because the nursing home did not create a light duty assignment for her during her pregnancy, The [Baltimore, MD] Daily Record reported.
The judge ruled that the Pregnancy Discrimination Act does not prohibit firing the employee because the facility adhered to its policy of creating light duty assignments only for employees with job-related disabilities. The facility is not required to accommodate disability associated with pregnancy-just as it does not accommodate other forms of temporary disability, the Record reported.
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