What should Lucy do? Discuss the law as it applies to the situation as well as her...

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Melissa

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...rights in this situation? Lucy worked as a spray painter with Pete’s Autobody when she discovered she was pregnant. Worried about the effect of paint fumes on her unborn child, Lucy asked her employer if she could work in a different area. Initially, the employer complied with her request and moved her into the parts department. However, a few weeks later, the boss moved her back to the painting position, pointing to the company rule which said that a spray painter could only do painting work. Then her employer demanded a letter from her doctor absolving the company of liability for health problems or damage caused to her baby because of paint fumes at the workplace and suspended her until she produced such a letter. Lucy’s doctor refused to provide such a letter, so Lucy has not worked for three weeks.

Discuss the law as it applies to Lucy’s situation as well as her rights in these circumstances.
 
In the real world of employment law, your Lucy has shot herself in the foot. If Lucy's doctor has advised her to get away from the paint fumes there is only one way to achieve that. Doctor must write a letter to the employer requesting a ACCOMMODATION.

The employer who get a doctor's letter requesting an accommodation is legally put on notice that the employee had a medical problem.

If the employer refuses to provide Lucy the accommodation she can then file a discrimination complaint with the EEOC and her state's human rights dept/commission. If the employer can prove that they cannot afford the accommodation, the employer may be able to get out of it and Lucy is out of a job.

If the accommodation is deemed minor the employer will be required to put this in and probably pay Lucy lost pay and attorney's fees.

If Lucy cannot be accommodated then she can quit AND receive unemployment benefits compensation.
 
In the real world of employment law, your Lucy has shot herself in the foot. If Lucy's doctor has advised her to get away from the paint fumes there is only one way to achieve that. Doctor must write a letter to the employer requesting a ACCOMMODATION.

The employer who get a doctor's letter requesting an accommodation is legally put on notice that the employee had a medical problem.

If the employer refuses to provide Lucy the accommodation she can then file a discrimination complaint with the EEOC and her state's human rights dept/commission. If the employer can prove that they cannot afford the accommodation, the employer may be able to get out of it and Lucy is out of a job.

If the accommodation is deemed minor the employer will be required to put this in and probably pay Lucy lost pay and attorney's fees.

If Lucy cannot be accommodated then she can quit AND receive unemployment benefits compensation.
 
In the real world of employment law, your Lucy has shot herself in the foot. If Lucy's doctor has advised her to get away from the paint fumes there is only one way to achieve that. Doctor must write a letter to the employer requesting a ACCOMMODATION.

The employer who get a doctor's letter requesting an accommodation is legally put on notice that the employee had a medical problem.

If the employer refuses to provide Lucy the accommodation she can then file a discrimination complaint with the EEOC and her state's human rights dept/commission. If the employer can prove that they cannot afford the accommodation, the employer may be able to get out of it and Lucy is out of a job.

If the accommodation is deemed minor the employer will be required to put this in and probably pay Lucy lost pay and attorney's fees.

If Lucy cannot be accommodated then she can quit AND receive unemployment benefits compensation.
 
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