Takeaway: Employers should avoid work restrictions when they have no legitimate nondiscriminatory reason for them, as these restrictions can keep employees from better-paying opportunities.
While employers have discretion in making assignments and can justify certain limitations in duties, a construction company's refusal to let a female employee work at elevation led to a discrimination claim that is now moving forward to trial.
The plaintiff worked for Performance Contractors, a construction company that was contracted to work at a chemical manufacturing complex. Performance hired the plaintiff in December 2016 as a laborer and then, after a layoff, rehired her as a helper. This was a promotion, as laborers do administrative work and cleaning, while helpers have a more hands-on role. They follow pipefitters and welders around the site to help with construction on the ground or at elevation.
The plaintiff was the only female helper in her designated area. Before working at Performance, she had worked for another construction company where she worked at elevation. Elevation was more advanced work and would bring pay raises and more opportunities for her.
When the plaintiff started as a helper in her designated area, the area's general foreman, a man, allegedly told her in front of others that she could not work at elevation because she was a woman. In addition, he allegedly stated that women were not allowed "on the rack" (i.e., scaffolding) because Performance did not...
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