Pregnancy should never put an individual at risk of choosing between their health and their career. California has always been a place where workplace protections for pregnant employees help them feel a sense of peace and security at work. Understanding retaliation, what it may look like, and the steps to take is important in making sure you are kept safe.
Pregnancy Accommodation Laws In California
The following are important laws that protect pregnant employees in California.
- The California Fair Employment and Housing Act (FEHA)
- California Pregnancy Disability Leave (PDL) provisions
- The federal Pregnant Workers Fairness Act (PWFA)
Although federal law provides important protections, California law often provides broader workplace rights for pregnant employees. Usually, employers covered by these laws may be required to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions when supported by appropriate medical documentation.
Pregnancy Accommodation: An Overview
A pregnancy accommodation is a workplace adjustment that allows workers to continue performing their job safely during pregnancy or recovery. Examples of this may include but are not limited to the following.
- More frequent restroom or water breaks
- Modified work schedules
- Temporary lifting restrictions
- Additional seating
- Temporary reassignment to less physically demanding duties
- Modified uniforms or equipment
- Time off for prenatal appointments
- Pregnancy disability leave when necessary
The appropriate accommodation depends on the employee's medical needs and the essential parts of their job. California law often requires employers to engage in an interactive process to determine whether a reasonable accommodation is available.
When an Individual is Denied
Not every denied request automatically violates the law. For example, an employer may lawfully deny an accommodation if:
- The requested accommodation is not medically necessary
- Another effective accommodation is available
However, problems may arise when an employer:
- Refuses to discuss accommodations
- Ignores medical documentation
- Rejects every proposed accommodation without meaningful consideration
When can Retaliation Occur?
Retaliation occurs when an employer takes a harmful employment action because an employee exercised a protected workplace right. Under California's Fair Employment and Housing Act, requesting a pregnancy accommodation is usually considered protected activity. Retaliation can occur after an employee:
- Requests a reasonable accommodation
- Requests pregnancy disability leave
- Reports pregnancy discrimination
- Files an internal complaint
Retaliation: Examples
While termination is one possibility, other actions may also raise legal issues depending on the circumstances. Examples may include:
- Sudden negative performance evaluations after requesting accommodations
- Reduced work hours
- Unexplained disciplinary actions
- Denial of promotions
- Exclusion from meetings or projects
- Transfer to significantly less favorable positions
- Pressure to resign
- Termination shortly after requesting accommodations
Timing alone does not necessarily establish retaliation, but it may become relevant when considered together with other evidence.
Accommodation Request
California law emphasizes communication between employers and employees. When an accommodation request is made, employers should engage in a positive interactive process to explore reasonable solutions. This often includes but is not limited to the following.
- Reviewing medical restrictions
- Discussing available workplace modifications
- Evaluating temporary job adjustments
- Considering alternative accommodations when appropriate
An employer who immediately rejects requests without discussion or refuses to participate in the interactive process may create additional legal issues.
Preserving Necessary Evidence
Employees who believe their accommodation requests were improperly denied may find it helpful to maintain organized records. Useful documentation may include:
- Medical certifications
- Emails requesting accommodations
- Written responses from supervisors
- Human resources communications
- Performance evaluations
- Work schedules
- Notes documenting conversations
- Witness information, when applicable
California's Pregnancy Disability Leave
California's pregnancy disability leave law allows eligible employees to take protected leave when they are disabled by pregnancy, childbirth, or related medical conditions. After Pregnancy Disability Leave, many employees may also qualify for additional leave under the California Family Rights Act (CFRA), depending on their circumstances.
Employment Conflicts
Employment conflicts sometimes arise because managers are unfamiliar with California's pregnancy accommodation requirements. Examples may include:
- Assuming pregnancy is not a disability-related condition
- Automatically placing pregnant employees on leave instead of discussing accommodations
- Refusing temporary work modifications
- Treating pregnancy-related restrictions differently than other temporary medical limitations
Proper training and consistent workplace policies can help employers reduce the likelihood of these issues.
Speaking to a Legal Professional
It may be best to seek legal guidance and support when dealing with pregnancy accommodation denials to better understand your rights when pursuing a personal injury claim. A qualified attorney may be able to review the facts of your case, preserve important evidence, and guide you through the entire legal process. This will ensure you feel a sense of peace and support while going through a difficult time.
KAASS LAW
At KAASS LAW, we understand that every case is unique and each contains its own facts and legal considerations. Our qualified personal injury attorneys are ready and determined to help you understand the legalities of your case moving forward. We will help by evaluating workplace conflicts involving pregnancy accommodations, retaliation, and discrimination. Call KAASS LAW today to learn more and discuss your potential options.