Employees Must Be Accommodated After Reporting a Pregnancy Related Disability

The FEHA Prohibits Discrimination Based Upon Pregnancy

The Fair Employment Housing Act (“FEHA”) prohibits discrimination based on a physical disability and sex, which includes “[p]regnancy or medical conditions related to pregnancy” and “[c]hildbirth or medical conditions related to childbirth.” Also, the FEHA requires covered employers to reasonably accommodate an employee’s pregnancy and related medical conditions.

An Employers Duty to Engage in the Interactive Process of Accommodation

An employer must sit down with an employee and engage in the interactive process of accommodation after receiving a report of a pregnancy related condition. In other words, an employer must discuss with the affected employee the possibility of providing accommodations to allow the employee to continue with his or her employment.  Examples of reasonable accommodations, include, but are not limited to the following accommodations:

  1. Reduction of work hours;
  2. Allowing an employee to come in late and/or leave early;
  3. Temporary or permanent reassignment;
  4. Leave of absence; and
  5. Temporary change in duties and responsibilities.

Damages For Retaliation or Discrimination Based Upon Pregnancy

Unfortunately, an employer may choose to retaliate against the employee based upon pregnancy by issuing write-ups and ultimately terminating the employee. If an employer is found liable for violation of FEHA, and employee is entitled to various monetary damages, including, but not limited to, the following:

  1. Lost wages during the period of unemployment;
  2. Emotional distress damages suffered by the employee;
  3. Punitive damages to punish the employer for its malicious conduct; and
  4. Attorneys’ fees incurred as a result of filing a lawsuit for violation of the FEHA.

An employee subjected to pregnancy discrimination should contact a pregnancy discrimination lawyer. The Law Offices employs experienced pregnancy discrimination lawyers in Los Angeles to assist an employee with claims of employment discrimination and harassment based upon pregnancy. Contact the firm today for your free consultation.

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