California is a family-friendly state with comprehensive employment laws protecting employees during pregnancy-related disability, maternity leave, bonding time after birth or adoption, and lactation accommodation in the workplace. Employers with five or more employees in California have a legal obligation to accommodate many pregnancy and childbirth recovery needs in the workplace. Still, some employers cling to outdated beliefs, biases, and discrimination. If an employer denies your legally protected, reasonable accommodation request, it is important to know your rights and what you can do to legally assert them.
First, Know Your Rights In California Workplaces
California’s Fair Employment and Housing Act (FEHA) expands federal employee protections, including those for pregnant and lactating employees, to cover all employers with five or more employees. This act includes the right to request reasonable workplace accommodations during pregnancy. Under Pregnancy Disability Leave (PDL) and the California Family Rights Act (CFRA), employees can request leave time for disability and for bonding with a newborn or adopted child.
If your employer denies your request for a pregnancy accommodation, it’s first crucial to know what the state considers a reasonable accommodation. These include modifications that do not cause undue hardship to the employer. For example:
- Providing a stool or chair for work normally performed while standing
- Increased break time and greater access to restrooms
- Allowing snacks and water in a workspace
- Modifying an employee’s duties so they don’t have to do heavy lifting, bending, or stretching
- Flexible hours to accommodate increased medical appointments
- Allowing remote work when feasible for a pregnant employee on bed rest
In addition, lactating mothers have the right to a clean, private space with a chair, sink, and refrigerator or cooler to pump and store breast milk in privacy and without fear of intrusion.
How to Take Action If an Employer Ignores or Denies a Reasonable Accommodation Request In California
Under FEHA, disabled employees have the right to reasonable accommodations that don’t cause their employer undue hardship. This also applies to temporary pregnancy-related needs or disabilities. First, requesting an accommodation opens the interactive process between employee and employer to discuss the options. If an employer fails to engage in the interactive process or denies a reasonable accommodation that would not cause financial strain or decreased productivity, the employee should do the following:
- Document all in-person interactions with the employer and preserve all emails and other communications regarding the requested accommodation
- Obtain a medical statement from their doctor explaining why they require the accommodation (the doctor does not have to disclose specific diagnoses)
- Report the request and the denial to your company’s HR department and ask for mediation to reach a mutually acceptable compromise on the accommodation
- If these actions don’t result in the accommodation, you may file a complaint with California’s Civil Rights Department (CRD) or with the Equal Employment Opportunity Commission (EEOC).
Finally, contact an experienced California employment attorney to represent you in seeking the financial accountability you deserve for your financial losses and emotional stress.
How Can a California Employment Lawyer Protect My Rights?
Despite the state’s robust employee protections, including the right to reasonable accommodations, some employers wrongfully deny requests, retaliate against employees, or wrongfully terminate employment. Learn more about your rights by contacting Sparrow Law Group today, so we can begin strategizing the best way to move forward on your complaint.