Pregnancy can change what a body is able to handle and some tasks that were routine before may become risky or exhausting. Workers in that position often fear that a manager will refuse to modify their responsibilities. California law addresses this concern through the Fair Employment and Housing Act (FEHA), which obligates any employer with five or more employees to provide reasonable accommodations. Few businesses have fewer than five employees. As a result, almost every Los Angeles employer must adjust working conditions for pregnancy, childbirth and related medical needs.
When a refusal is allowed
An employer can turn down a request only if the change causes undue hardship. That means the request would cause significant expense or disruption. Before issuing a denial, an employer must meet key obligations:
- Engage in open dialogue: Talk directly with the employee to explore practical fixes, such as lighter tasks, extra restroom breaks or seated work.
- Establish undue hardship: Be prepared to prove that the change causes severe difficulty or financial strain based on company size and resources.
- Maintain active employment: Keep the employee working safely instead of forcing them onto leave, whenever a reasonable adjustment exists.
A lawful refusal must rely on clear facts, including job duties, doctor notes, and past company practices. Blanket rules do not count. An employer that fails to engage in this dialogue violates the law, regardless of whether a hardship exists.
Options for the employee
An employee who receives an unlawful denial should save all evidence. They should keep doctor notes, written requests and replies from management. They should also send an email summary of any verbal conversation to create a paper trail.
Next, the employee can file a complaint with state or federal civil rights agencies. These agencies can investigate or give permission to file a lawsuit. An employment lawyer can review the records, judge the claim and guide the employee through legal action.