Pregnancy was once discreetly called “a delicate condition,” but this euphemism is more accurate than it sounds. A pregnant employee’s body undergoes substantial changes during pregnancy, sometimes making it difficult or even risky to perform job duties. Fortunately, both state and federal laws protect pregnant California employees by requiring most employers to comply with a pregnant employee’s reasonable accommodation request. A request for an accommodation begins by opening an interactive process between the pregnant employee and their employer.
First, What Types of Accommodations Are Considered “Reasonable” In California?
Under the Fair Employment and Housing Act (FEHA), all California employers with at least five employees are subject to the law requiring them to provide reasonable accommodations to an employee who has worked for at least 12 months. Common examples of reasonable accommodation requests include:
- Modifying job tasks to avoid heavy lifting, climbing, bending, stretching, or exposure to hazardous chemicals
- More frequent breaks, restroom breaks, or closer access to the restroom
- Modifications of uniforms or dress codes
- Flexible scheduling to accommodate medical appointments
- A chair or stool rather than standing
- An ergonomically designed chair to minimize back pain or pelvic girdle pain
- Allowing snacks and water in the workspace
- Remote work (when feasible) or part-time remote work
These are some, but not all, of the reasonable accommodation requests that do not typically cause undue hardship to an employer. Requesting an accommodation opens the required interactive process between employee and employer.
How Do I Begin the Interactive Process for a Pregnancy Accommodation?
Under the U.S. Equal Employment Opportunity Commission, the law describes the interactive process for pregnancy accommodations as follows:
“…The employer and employee communicate, whether by talking or some other way, about the known limitation and the adjustment or change needed at work.”
The interactive process may begin as follows in one of two ways:
- The employer initiates the process once informed of the employee’s pregnancy by requesting a meeting to discuss reasonable accommodations. For instance, if the employee’s typical job duties involve working with hazardous materials, climbing ladders, or other tasks that pose an inherent risk during pregnancy, the employer often wishes to address the accommodations as soon as possible to avoid harm to the pregnant employee.
- The employee initiates the interactive process by informing their HR department, and/or communicating with the employer through written notice, email, or other means that they wish to discuss a pregnancy accommodation.
The interactive process should be an effective, back-and-forth discussion of the pregnancy limitation and possible solutions that would accommodate the pregnant employee’s needs without causing undue hardship to the employer. The interactive process typically includes a follow-up meeting or exchange after the modification is implemented to ensure it is working effectively for both parties.
In some cases, the pregnant employee may provide a medical certification from their doctor stating the need for the accommodation without disclosing personal medical information or a diagnosis.
How Can a California Employment Lawyer Help With the Interactive Process for Pregnancy Accommodations?
Seeking pregnancy accommodations should be a smooth, effective process. Unfortunately, some employers hold outdated biases, resist the interactive process, or unfairly deny requests. The law prohibits employers from retaliating against an employee who asserts their legally protected rights in the workplace, including when requesting a pregnancy accommodation. Call or contact Sparrow Law Group to learn more about your rights and how a California employment lawyer can help you.