Pregnancy is a significant life event, and California law ensures that employees who are pregnant or recovering from childbirth receive reasonable accommodations in the workplace. These accommodations help protect your health and allow you to continue working safely. If your employer refuses to provide these accommodations, you may have legal options.
At Wilshire Law Firm, we help employees understand their rights under California’s pregnancy accommodation laws and take action when those rights are violated.
What Are Pregnancy Accommodations?
Pregnancy accommodations are adjustments or modifications to your job duties, schedule, or work environment that enable you to perform your job safely during pregnancy or postpartum recovery. California law requires employers to provide reasonable accommodations when requested, as long as they do not create undue hardship for the business.
California Laws Protecting Pregnant Employees
Several laws safeguard pregnant workers:
- California Fair Employment and Housing Act (FEHA): Prohibits discrimination based on pregnancy and requires reasonable accommodations.
- Pregnancy Disability Leave (PDL): Allows up to four months of leave for pregnancy-related conditions.
- Federal Pregnancy Discrimination Act: Protects against workplace discrimination due to pregnancy.
Employers must engage in an interactive process to determine appropriate accommodations.
6 Common Examples of Pregnancy Accommodations
1. Modified Work Duties
If your job involves heavy lifting or strenuous physical activity, your employer may need to adjust your responsibilities to reduce physical strain.
2. Flexible Scheduling
Pregnant employees may require time off for prenatal appointments or need modified hours to manage fatigue. Flexible scheduling is a common accommodation.
3. Additional Breaks
Extra breaks for hydration, rest, or bathroom use can help maintain health and comfort during pregnancy.
4. Temporary Transfer to a Safer Position
If your current role exposes you to hazardous chemicals or unsafe conditions, you may be eligible for a temporary reassignment.
5. Remote Work Options
When feasible, working from home can reduce stress and health risks, especially during later stages of pregnancy.
6. Equipment Adjustments
Providing ergonomic chairs, footrests, or other supportive equipment can help alleviate discomfort and prevent injury.
What If Your Employer Refuses Accommodations?
Failure to provide reasonable accommodations may violate California law. Common employer violations include:
- Denying requests without explanation
- Retaliating against employees who request accommodations
- Forcing employees to take unpaid leave instead of adjusting duties
If this happens, you may have the right to file a complaint or pursue legal action.
Steps to Take If You Need Pregnancy Accommodations
- Notify your employer in writing: Clearly state your needs and provide medical documentation if required.
- Engage in the interactive process: Work with your employer to find reasonable solutions.
- Document all communications: Keep records of emails, letters, and conversations.
- Seek legal advice: If your employer refuses accommodations or retaliates, consult an attorney.
Can You Recover Compensation?
Employees who experience discrimination or retaliation related to pregnancy accommodations may be able to recover compensation for:
- Lost wages and benefits
- Emotional distress
- Legal costs
Every case is unique, and the outcome depends on the facts and evidence presented.
Do You Need a Lawyer for a Pregnancy Accommodation Claim?
Employment law cases can be complex. An attorney can help you:
- Determine whether your employer violated California law
- Gather evidence and build a strong case
- Represent you in negotiations or litigation
At Wilshire Law Firm, we offer free consultations and work on a contingency fee basis, which means no fees unless you get paid. Costs and expenses may be your responsibility.
Why Choose Wilshire Law Firm?
- Award-winning legal team with extensive experience in employment law
- Compassionate, confidential guidance for employees facing workplace challenges
- Proven track record of advocating for workers’ rights across California
Frequently Asked Questions About Pregnancy Accommodations
Do I need a doctor’s note for accommodations?
In most cases, employers can request medical documentation to confirm the need for accommodations.
Can my employer force me to take leave instead of adjusting my duties?
Employers must provide reasonable accommodations unless doing so creates undue hardship.
How long do I have to file a claim?
Deadlines vary depending on the type of claim, but generally, you have three years to file with the California Civil Rights Department.
Contact Wilshire Law Firm Today
If you believe your employer denied pregnancy accommodations or retaliated against you, we are here to help. Call us 24/7 for a free and confidential consultation.
