Can Employers Deny Pregnancy Accommodations in San Diego?

Posted on December 17, 2024 in Employment Law

Everyone experiences pregnancy differently. Some people report feeling ethereal and radiant, while others become critically ill and just try to make it day to day. The difference in experience also means everyone may require a different degree of accommodation. In San Diego, federal and state legislation protects your rights to medically necessary accommodations on the grounds of pregnancy. If your employer has denied pregnancy-related accommodation, you may benefit from speaking with a San Diego pregnancy discrimination lawyer from Walker Law.

Your Rights to Accommodations

The right to medically necessary accommodations is not unique to pregnancy and is established in several pieces of legislation. Your rights to accommodations are as follows, according to the California Department of Fair Employment and Housing:

• Reasonable accommodations related to pregnancy, childbirth, or lactation
• Increased break time and use of a clean, private space to express breast milk post-partum
• Provide Pregnancy Disability Leave for up to four months
• Continuation of benefits such as health insurance during your leave

What is Considered a ‘Reasonable Accommodation’?

The term ‘reasonable accommodation’ is common in any circumstance surrounding medical leave or disability, and the term may be dependent upon the environment in which you work and what your company is able to provide. However, general considerations that may be considered reasonable often include:

• The ability to flex time to attend pregnancy-related doctor’s appointments or availability to miss time for the appointments without disciplinary action
• Offering adjustments to uniform, whether that includes a different style or adjustment of size, without penalty.
• The use of a stool or the ability to take breaks during shift
• Transferring to a less hazardous working environment
• Providing light duty

When Your Employer Denies Accommodations

Your employer is required to provide these accommodations for your pregnancy and pregnancy-related conditions. However, there are certain expectations on behalf of the employee as well. These may include:

• You must notify your employer of your need to utilize Pregnancy Disability Leave
• You may need to provide documentation from your doctor to support the need for accommodations
• You must provide adequate notice of the need for accommodations

While your employer is restricted from denying valid claims for accommodations, there are a few times when they may deny them. These may include requests that are not supported by a physician, accommodations that may cause undue hardship on the company or requests that do not come with the appropriate documentation.

Recourse for Discrimination

If your employer illegally denies your pregnancy-related accommodations, you have some recourse. The first step is generally to try to resolve the issue within your company by speaking with human resources. You may choose to secure an attorney to assist with this.

If you are unable to find a resolution and receive the accommodations you need, you may file a complaint with the appropriate agency. The California Department of Civil Rights will accept complaints online or by phone. The Equal Employment Opportunity Commission oversees federal compliance regarding pregnancy discrimination and also accepts filings for a charge of discrimination. When you file complaints, they may open an investigation to help you resolve the situation and hold the employer accountable.

Though government agencies may impose fines on your employer, working with a discrimination attorney can help you recover some of what you lost in your battle for fair and legal treatment.