At the Leichter Law Firm, APC, Los Angeles employment law attorney Aryeh Leichter has been a staunch advocate, representing employees throughout California to ensure their rights are protected throughout their pregnancies.
It’s crucial to grasp your rights to reasonable accommodations during pregnancy. This knowledge is your key to ensuring a safe and supportive work environment. Here’s a comprehensive guide to help you navigate these rights and the accommodations you might be entitled to, empowering you to advocate for yourself.
What Legal Protections Are Pregnant Employees Entitled to in California?
The Pregnancy Discrimination Act (PDA) amends Title VII of the Civil Rights Act of 1964 to provide a strong shield against discrimination based on pregnancy, childbirth, or related medical conditions. It requires employers to treat pregnancy and associated conditions like any other temporary disability, ensuring your security in the workplace.
In addition, the Americans with Disabilities Act (ADA) protects employees with pregnancy-related disabilities, requiring reasonable accommodations for conditions that qualify as disabilities under the ADA.
Finally, the Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid leave for specific family and medical reasons, including pregnancy and childbirth.
These legal protections are crucial, ensuring that you, as a pregnant employee, are secure and protected in your workplace.
What Reasonable Accommodations Do These Legal Protections Provide for Pregnant Employees in California?
Pregnant employees in California are entitled to reasonable accommodations, just as other disabled employees might be.
They include:
- Modified Work Duties: Adjust your tasks to avoid heavy lifting, prolonged standing, or other strenuous activities.
- Flexible Scheduling: Changes to your work hours or the ability to take breaks as needed.
- Remote Work: Options to work from home if your job duties allow it.
- Temporary Transfer: Moving to a less physically demanding role during pregnancy.
- Ergonomic Adjustments: Providing supportive seating, footrests, or ergonomic equipment to reduce physical strain.
- Leave for Medical Appointments: Allowing time off for prenatal visits and other pregnancy-related medical appointments.
- Rest Breaks: Additional breaks to rest or use the restroom more frequently.
When requesting accommodations, notify your employer of your pregnancy and discuss the need for accommodations. It’s best to do this in writing so you can keep a record of your request.
Be prepared to provide documentation from your healthcare provider outlining the need for specific accommodations due to pregnancy-related conditions. Engage in an interactive process with your employer to identify reasonable accommodations that will enable you to perform your duties.
What are My California Employer’s Obligations When Accommodating Pregnant Employees?
Employers cannot discriminate against employees based on pregnancy, childbirth, or related medical conditions. They must provide reasonable accommodations unless doing so would cause the business undue hardship.
Employers must provide leave policies that apply equally to employees affected by pregnancy as they would to employees with any other temporary disability.
In addition:
- You have the right to be treated like other employees with similar abilities or limitations.
- If you qualify for leave, you are entitled to job protection under FMLA and state laws.
- Employers must provide a safe work environment and accommodations to protect your health and safety during pregnancy.
If you believe your rights have been violated, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). If they fail to provide a solution, you may receive a right-to-sue letter that allows you to proceed with a legal claim against your employer.
Understanding your rights to reasonable accommodations during pregnancy ensures you receive the support needed to maintain a healthy pregnancy while continuing to work. Knowing the legal protections, how to request accommodations, and the employer’s obligations can help you navigate the workplace confidently and seek appropriate adjustments to your work environment.
Contact the Leichter Law Firm, APC Pregnancy Discrimination Attorney in Los Angeles, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County, today to discuss the legal remedies available for your unique workplace circumstances. Start with a free consultation by calling (818)-915-6624 or contacting the firm online.