Pregnant employees have the right to reasonable accommodations in the workplace to ensure their health and safety while maintaining job security. Employers in California are required to provide reasonable accommodations under state and federal laws. Understanding these rights and how to request accommodations can help protect both the health of the employee and the well-being of the unborn child.
Understanding Pregnancy Accommodations
Pregnancy accommodations refer to changes in the work environment or duties that allow a pregnant employee to continue working safely. These accommodations can include modifications to job tasks, schedules, or workplace policies to accommodate medical needs.
Under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), employers must provide accommodations to pregnant employees if similar adjustments are offered to other employees with temporary disabilities. Additionally, the California Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDLL) offer strong protections for employees in the state.
Common Pregnancy Accommodations
Pregnant employees may require different types of accommodations depending on their medical needs and job responsibilities. Some common accommodations include:
- Modified Work Duties – Adjusting job tasks to avoid heavy lifting, prolonged standing, or exposure to harmful substances.
- Rest Breaks – Allowing additional breaks for hydration, food intake, or restroom use.
- Flexible Scheduling – Adjusting work hours or allowing remote work to accommodate medical appointments or pregnancy-related fatigue.
- Seating Accommodations – Providing a chair for employees whose jobs require long hours of standing.
- Temporary Reassignment – Transferring to a less strenuous position if the current job poses health risks.
- Leave of Absence – Allowing time off for pregnancy-related medical conditions or recovery.
How to Request Pregnancy Accommodations
Review Company Policies
Before making a request, check the employer’s policies on workplace accommodations. Many companies have specific procedures in place to handle these requests.
Obtain Medical Documentation
A healthcare provider’s note detailing the necessary accommodations can strengthen the request. The note should outline the specific medical needs without disclosing private health information.
Submit a Written Request
A formal written request should include:
- The specific accommodation needed
- The reason for the request
- Supporting medical documentation, if available
Engage in a Discussion with the Employer
Under California law, employers must engage in a good-faith interactive process with employees to determine appropriate accommodations. This discussion should focus on finding a reasonable solution that meets both the employer’s operational needs and the employee’s medical requirements.
Follow Up as Needed
If an employer does not respond or denies a reasonable request, follow up in writing to ensure the request is being reviewed. If an employer refuses accommodations unlawfully, legal action may be necessary.
Employer Responsibilities and Legal Protections
California employers with five or more employees are legally required to provide reasonable pregnancy accommodations. They cannot retaliate, demote, or terminate an employee for requesting accommodations. If an employer refuses to comply, legal remedies may be available.
Employees denied accommodations may file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). If necessary, legal action can be taken to seek compensation for lost wages, reinstatement, or other damages.
What to Do If Your Request Is Denied
If an employer denies a reasonable pregnancy accommodation, consider the following steps:
- Document the Denial – Keep written records of communication and employer responses.
- Seek Legal Advice – Consulting an attorney can help determine the best course of action.
- File a Complaint – Employees can report violations to government agencies for further investigation.
Protecting Your Rights with Legal Assistance
Pregnancy should never be a reason for workplace discrimination or job insecurity. If an employer denies reasonable accommodations or retaliates against an employee for requesting them, legal assistance can help protect workplace rights.
The experienced legal team at Crown Law Group, PC, provides guidance and advocacy for employees facing pregnancy discrimination or accommodation denials. Legal action can help ensure compliance with state and federal protections while securing the rights of pregnant employees.
Schedule a Free Consultation
If you are facing challenges in requesting pregnancy accommodations or have been denied your rights, seeking legal assistance can make a significant difference. Contact Crown Law Group, PC, today to discuss your case and explore legal options. Call 310-734-0504 to schedule a free consultation and ensure your workplace rights are protected.
