As a pregnant employee in Los Angeles, you may wonder how far workplace accommodations must go given your condition. California law gives strong protections, but these provisions are not unlimited. Understanding those limits can help you manage expectations and recognize if your employer is being unreasonable.
What are the pregnancy accommodations that the law requires?
Under the California Fair Employment and Housing Act (FEHA), a company with five or more employees must provide reasonable accommodations for pregnant employees. This may include modified duties, more frequent breaks or temporary schedule transfers.
Employers also must engage in the mandatory Interactive Process once you request an adjustment. If your employer says “We cannot do that,” without looking for alternatives, that likely violates the law.
Note that the law does not require an employer to create a new position or remove essential job duties permanently. However, the law may require them to temporarily suspend essential functions for up to 40 weeks if the worker can perform them in the near future, aka after recovering from birth.
If an accommodation creates an undue hardship (significant cost or difficulty), the employer may lawfully deny it.
What pregnancy accommodations are optional?
Disputes often center on what counts as reasonable. Employers may argue that certain tasks are essential to a role and that removing them would be unreasonable. Typical examples include:
- Heavy lifting in warehouse or hospital roles where there are no other staff members
- Additional bathroom breaks in a time-sensitive production line
- Mandatory overtime in retail or food service that require flexible coverage
- Demanding a 100% remote schedule for a role that requires physical presence
Some employers may try to label all your duties as essential, but that decision may face scrutiny. A pregnancy discrimination lawyer can help you challenge these decisions in the right legal channels.
Protect your right to make a living while pregnant
If your employer denies pregnancy accommodations without proper review, they may discipline or fire you. Act fast when that happens. Consider speaking with an attorney who can review job descriptions, medical notes, internal emails and challenge unlawful denials. Remember, if accommodations let you do the job, pregnancy should not cost you your livelihood, your income or your peace of mind.