Pregnancy Discrimination—Failure to Accommodate in California Workplaces
Introduction
California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodation to employees with conditions related to pregnancy, childbirth, or related medical conditions. The law grants rights and protections above general disability accommodations, ensuring pregnant employees receive practical workplace support. Gov. Code § 12945(a)(3)(A).
Legal Standard: Essential Elements
To prevail on a pregnancy accommodation claim under FEHA, an employee must prove:
The employer was covered by FEHA.
The employee experienced a condition related to pregnancy, childbirth, or a related medical condition.
The employee requested accommodation for the condition, supported by a health care provider’s advice.
The employer refused to provide a reasonable accommodation.
With the requested accommodation, the employee could have performed the essential job functions.
The employee was harmed.
The employer’s refusal was a substantial factor causing the harm.
Lopez v. La Casa de Las Madres, 89 Cal.App.5th 365, 370–71 (2023).
Scope of Accommodation
FEHA requires reasonable accommodation even when a pregnancy-related condition does not rise to the level of a formally recognized disability. Protection includes job modifications, transfers to less strenuous work, or other workplace adjustments that help employees continue working safely. Cal. Code Regs., tit. 2, § 11035.
Limits of Accomodation
The law does not guarantee job retention if the employee cannot perform essential functions, even with accommodation. Only feasible, effective accommodations are required. Lopez, 89 Cal.App.5th at 381–82 (2023).
Practical Guidance for California Employers
Employers should:
Promptly review and respond to accommodation requests for pregnancy, childbirth, and related medical conditions.
Consult with employees and health care providers to identify reasonable solutions.
Document all accommodation efforts and decisions.
Train managers about pregnancy-related rights and FEHA obligations.
Bottom Line
California law provides robust protections for pregnant workers, mandating reasonable accommodations for job-related needs. Employers must engage constructively and document their process—refusal to permit reasonable adjustments can result in legal liability unless the employee cannot perform essential functions, even with accommodation.
Citations
Gov. Code § 12945(a)(3)(A); Cal. Code Regs., tit. 2, § 11035; Lopez v. La Casa de Las Madres, 89 Cal.App.5th 365, 370–82 (2023).
