Doctor’s orders – Company disputes physician’s assessment of pregnant welder

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Abstract: Did one employer engage in discrimination when it disallowed a pregnant employee from resuming her work as a welder — even though a physician had cleared her to do so? This article shows how the court considered whether, instead of objectively evaluating the plaintiff’s ability to perform her job while pregnant, the employer subjectively determined that her pregnancy made her unable to weld. Spees v. James Marine, Inc., No. 09-5839, August 10, 2010 (6th Cir.)