Pregnancy Discrimination—“Reasonable Accommodation” Explained in California Workplaces
Introduction
California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodation for employees with conditions related to pregnancy, childbirth, or related medical conditions. A “reasonable accommodation” is any practical adjustment in the work environment or job processes that enables the employee to perform essential job duties. Gov. Code §§ 12945(a), 12926(p).
What Is a Reasonable Accommodation?
A reasonable accommodation is a feasible change made to help pregnant or postpartum employees meet the requirements of their position and maintain their health at work. It must allow the employee to carry out essential job duties without placing undue hardship on the employer.
Examples of Reasonable Accommodations
Appropriate accommodations may include:
Changes in work schedule;
Providing furniture such as a stool or chair, or modifying equipment or devices;
Permitting longer or more frequent breaks;
Modifying workplace policies or practices;
Temporarily reassigning the employee to an available position that is less strenuous or hazardous;
Altering job responsibilities;
Providing break time and a private space for lactation;
Other specific accommodations as needed for an individual situation.
Cal. Code Regs., tit. 2, §§ 11035(s), 11040.
Practical Guidance
Employers should respond promptly and flexibly to requests for pregnancy-related accommodations.
Use the interactive process with employees and health care providers to identify reasonable solutions.
Document all accommodation efforts and decisions.
Train managers about the FEHA requirements for pregnancy and related conditions.
Bottom Line
California law requires that accommodations for pregnancy and related conditions be reasonable, effective, and tailored to the employee’s needs. Employers who engage openly and document their decision-making process avoid liability and support the health and success of their workforce.
Citations
Gov. Code §§ 12945(a), 12926(p); Cal. Code Regs., tit. 2, §§ 11035(s), 11040.
