Pregnancy is taxing on the body, and while you may still be able to complete the day-to-day functions of your job, you may require reasonable accommodations. You have a right to obtain these, which is protected by both federal and California law. The Los Angeles discrimination lawyer with Sparrow Law Group, LLP. can help you fight for the reasonable accommodations you need.
There are Many Forms of Reasonable Pregnancy Accommodations
You may avoid asking for accommodations because you don’t know what to ask for. However, there are many things you may request to help you do your job that are protected by the Pregnant Workers Fairness Act (PWFA).
The PWFA applies to most employers and requires them to provide reasonable accommodations, though reasonable can be subjective. The primary consideration in determining whether an accommodation is reasonable is whether it imposes an undue hardship on the employer. For example, moving your workspace to a location near the bathroom is reasonable. Expecting them to renovate the area to accommodate you may not be.
Physical Accommodations
Physical accommodations address physical needs. These often include providing a stool for a position that requires prolonged standing, a workspace nearer to the kitchen or bathroom, ergonomic supports, or even imposing lifting restrictions.
Schedule Accommodations
There are many ways that you can adjust your work schedule to make pregnancy easier. Some of the reasonable expectations of accommodations include allowing you time off work to attend medical appointments, allowing a temporary party time status, or work-from-home options.
Additionally, you may qualify for Family Medical Leave of Absence or Pregnancy Disability Leave if you are unable to complete your job duties. These allow you to take time from work with the knowledge that you will have a position to return to.
Accommodations for Lactating Parents
Protections for pregnant individuals do not stop at delivery. If you are lactating, the state of California protects your ability to express milk. The guidelines require your employer to provide you with a clean, private space to pump that is not a bathroom. Additionally, the space must provide a place to sit and place the pump, and it must be close to a sink or refrigerator to clean parts and store breastmilk.
Accessing Reasonable Accommodations
You are entitled to these accommodations should you need and request them. However, you must follow your employer’s process for making the request and provide a reasonable amount of time to receive them.
These accommodations are not one-size-fits-all, and you can expect the process to be collaborative in order to identify the best solution for your specific needs.
When Your Employer Denies Reasonable Accommodations
If you have attempted to follow your company’s policy to obtain pregnancy-related accommodations and they have failed to provide them, this may be in violation of the PWFA and the Fair Employment and Housing Act (FEHA). Additionally, it may qualify as pregnancy discrimination.
The first step to addressing the issue is to discuss your concerns with your human resources department. Try to provide as much information as possible, including dates and times of conversations. If your human resources department fails to address and rectify the problem, it may be time to speak with an attorney.