Bartending, 24w - employer discrimination?

Question

I am still bartending at 24w, high-risk pregnancy. Our beer cooler is dangerous, requiring you to stand on kegs to reach a 10ft high shelf where we keep 6 packs and broken up cases of beer waiting to be stocked. I stopped climbing on kegs around 16w, and now I’m being told that I need to pay someone out of my own tips to climb up there for me to get the beer that I need. Why should I have to be financially penalized because of my pregnancy? Is this against some sort of law? I live in MI. I feel that the employer should pay the person who is helping me. Thoughts?

Answer

This sounds like a major OSHA violation. I would call the hotline and explain the situation hypothetically. If they confirm it’s a violation, then I’d tell the boss to fix it. They have an obligation to make your working environment safe— pregnant or not. And, fyi, I’m a lawyer. Not official legal advice, but I think you’ll find that this is a violation.

Answer

On the flip side, why should it cost more for your employer just because you’re pregnant? I get it and the danger of climbing, don’t get me wrong. But from a business standpoint, you being pregnant isn’t their problem. Michigan is an at-will employment state. You don’t have to keep working there and they’re under no obligation to keep you. Now, should you have to pay for you to have help? Probably not. But should they? Probably not.

Answer

Not sure how it’s seen there but climbing on top of things that aren’t ladders are a workplace health and safety issue here in Australia...

Answer

If u r in the US, under the American Disabilities Act (ADA) your employer may be able to provide reasonable accommodations (on their dime & time) so that u can complete ur job safely. They can preclude you from completing that task, and assign to someone else. You need to prove that your condition is an actual disability though. Speak to HR about this- they should be able to assist. But educate yourself on your rights first...so that they don’t try any scare tactics to dissuade you from getting something you are entitled to.

Answer

Your employer needs to provide a safe work environment for everyone! Nobody should be climbing on anything that isn’t a safety ladder. No one should be paying extra for employees risking that.

Bartending, 24w - employer discrimination?

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