Under California and federal law, employers must provide reasonable accommodations to pregnant employees who need them. These accommodations allow pregnant workers to perform their job duties safely and comfortably without facing discrimination or unfair treatment. If you believe you’re experiencing discrimination as a pregnant employee, contact our employment lawyers for legal assistance today.
Examples of Reasonable Accommodations for Pregnant Employees
Reasonable accommodations vary depending on the employee’s job duties and medical needs. Common accommodations include:
Modified Work Duties
- Reassigning heavy lifting or physically demanding tasks.
- Reducing prolonged standing or allowing the use of a chair when needed.
- Temporary transfer to a less strenuous position.
Additional Breaks
- More frequent bathroom breaks.
- Rest breaks to relieve fatigue or discomfort.
- Time off for prenatal medical appointments.
Flexible Work Schedules
- Adjusted start and end times to accommodate morning sickness or fatigue.
- Remote work options when feasible.
- Part-time work or reduced hours as needed.
Ergonomic Adjustments
- Providing a footrest, adjustable chair, or antifatigue mat to improve comfort.
- Allowing employees to work in temperature controlled areas to prevent overheating.
Temporary Leave
- If a pregnant employee is temporarily disabled, they may take leave under Pregnancy Disability Leave (PDL)without fear of losing their job.
Employers must engage in a good faith interactive process to determine which accommodations are reasonable based on the employee’s needs and job duties.
Legal Protections for Pregnant Employees
Several laws protect pregnant employees and require employers to provide reasonable accommodations:
Pregnancy Discrimination Act (PDA)
A federal law prohibits employers from discriminating against employees based on pregnancy, childbirth, or related conditions.
Americans with Disabilities Act (ADA)
Requires accommodations for pregnancy related medical conditions if they qualify as a disability. Contact our experienced disability discrimination lawyers in Los Angeles for legal help.
Fair Employment and Housing Act (FEHA)
Mandates that employers provide reasonable accommodations for pregnant employees and engage in an interactive process to determine appropriate adjustments.
California Pregnancy Disability Leave (PDL)
Provides up to four months of job protected leave for employees disabled by pregnancy related conditions.
California Family Rights Act (CFRA)
Allows employees to take additional job protected leave after pregnancy to bond with their child.
Employers with five or more employees must comply with these laws, and failing to accommodate a pregnant employee can result in legal penalties.
What If Your Employer Refuses to Accommodate You?
If your employer refuses to provide reasonable accommodations, retaliates against you, or forces you to take unpaid leave instead of adjusting your work conditions, they may be violating the law.
Steps to take if your employer refuses accommodations:
- Document Everything: Keep a record of all requests, communications, and denials from your employer.
- Submit a Formal Request: If your employer has an HR department, submit a written request for accommodations.
- File a Complaint: You can file a discrimination claim with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Consult a Pregnancy Discrimination Lawyer: If your rights are being violated, an attorney can help you take legal action.
How a Lawyer Can Help You
If you are experiencing pregnancy discrimination and have more questions or your employer refuses to provide reasonable accommodations, a trusted Los Angeles pregnancy discrimination attorney can help you:
- Assess Your Case: Determine if your employer is violating California or federal pregnancy accommodation laws.
- File a Legal Complaint: Assist with filing claims with agencies like the EEOC or CRD.
- Negotiate with Your Employer: Work to secure accommodations or compensation for lost wages if you were forced to take leave.
- Represent You in Court: If necessary, a lawyer can help you sue for damages, including emotional distress and punitive damages.
Call (310) 499-0140 or message Yadegar, Minoofar & Soleymani LLP (YMS) to arrange a free consultation to discuss your legal options today.