Not only does California offer some of the most comprehensive employee protection laws in the United States through state legislation, but employers must also comply with federal workplace protection laws, including the Pregnant Workers Fairness Act (PWFA). This act prevents employers from discriminating against pregnant employees by establishing an important legal right for pregnant workers and prohibiting employer retaliation and wrongful termination.
What Is PWFA?
The Pregnant Workers Fairness Act took effect in 2023 under the U.S. Equal Employment Opportunity Commission. This act supports pregnant women in the workplace by requiring all employers with 15 or more employees to provide reasonable accommodations for pregnant women who request them. When an employee’s pregnancy, childbirth, or related condition affects their ability to perform job-related tasks, the employee has the right to request a reasonable accommodation from their employer.
The law defines “reasonable accommodation” as anything that does not cause the employer undue hardship.
Examples of Reasonable Accommodations Under PWFA
An employee cannot demand that an employer provide an accommodation for a pregnancy-related condition if the accommodation would cause undue hardship, such as significant financial losses or slowed productivity. However, it’s reasonable to request an accommodation that allows the pregnant employee to continue their work with a simple adjustment. Examples of reasonable accommodations under PWFA include the following:
- Providing a stool or chair to an employee who can still perform required tasks from a seated position
- Flexible work schedules to accommodate doctors’ appointments or morning sickness
- Modified hours or duties
- More frequent breaks
- Closer or more frequent access to a bathroom
- Modifying a workspace or providing ergonomic equipment
- Adjusting an employee’s uniform requirement or dress code
- Allowing snacks or water at a workstation
- Modifying work duties, such as reducing or temporarily eliminating tasks that require heavy lifting, bending, or stretching
- Temporary reassignment to avoid hazardous chemicals
- Allowing remote work when practicable
- Providing a private space for a lactating mother to pump breastmilk
While federal laws and additional state laws under California’s Civil Rights Department protect pregnant employees against discrimination and wrongful termination, PWFA applies only to a pregnant or postpartum woman’s right to a reasonable accommodation in the workplace. The act also prohibits an employer from forcing a pregnant worker to take paid or unpaid leave rather than providing a reasonable accommodation.
Suspending Essential Functions Of a Job Position
Under the PWFA, employers may be required to temporarily suspend an essential function of a job position if doing so does not cause undue hardship, provided the employee can perform the essential function in the near future. The act further defines the “near future” as within 40 weeks of the beginning of the suspension of the essential function.
Requesting a Reasonable Accommodation for Pregnancy In California
A California employee must provide reasonable notice to their employer when requesting a pregnancy-related accommodation. While ideally this is at least a 30-day notice when the accommodation is foreseeable, if an accommodation becomes necessary suddenly, the employee must give as much notice as possible.
An employee begins the interactive process of requesting an accommodation by first notifying the company’s HR department or supervisor, and then providing medical documentation showing that the accommodation is medically advisable or necessary for the employee. Then, the interactive process involves discussions with the employer about the pregnancy-related limitation and possible accommodations that do not cause undue hardship.
How Can a California Employment Lawyer Help?
A California employment lawyer can assist in the interactive process to request an accommodation under the PWFA. An attorney from Sparrow Law Group will represent your interests if an employer denies your reasonable accommodation request or engages in workplace retaliation measures or wrongful termination. Call or contact the experienced California employment lawyers at Sparrow Law Group to ensure that you have robust protection for your legal rights.