The Importance of Reasonable Accommodations for Pregnant Employees

Over 30 states have now passed laws requiring employers to provide reasonable accommodations for pregnant employees. These legal considerations for pregnancy accommodations can provide a more equitable, safe, and inclusive workplace. Below, our experienced pregnancy discrimination attorneys from Kent Pincin Law discuss the importance of reasonable accommodations for pregnant employees plus the important laws surrounding the topic. 

California’s Laws on Reasonable Accommodations for Pregnant Employees

The Equal Employment Opportunity Commission (EEOC) enforces the Pregnant Workers Fairness Act, which requires employers in California to meet their employees’ requests for reasonable accommodations when relating to pregnancy, childbirth, and other related medical conditions. The same regulations on ensuring workplace equality through pregnant employee accommodations prevent employers from retaliating against individuals because of their pregnancy status. These laws apply to any employer with five or more employees, and they protect all employees, regardless of how long they’ve been employed or their tenure status. 

Examples of Reasonable Accommodations

When supporting pregnant employees by valuing accommodation importance, employers often provide a range of flexibility. Here are some common examples of reasonable accommodations that create more inclusive and safer workplace environments for pregnant employees:

• Reduced physical loads: In demanding physical positions, pregnant employees may request to reduce their physical labor requirements to prevent injuries and pregnancy complications. For example, you may need to move over to the front desk so you can avoid lifting heavy weights.
• Breastfeeding facilities: The Break Time for Nursing Mothers Law requires FLSA-covered employers to provide private lactating spaces for workers, not including bathrooms.  
• Scheduling adjustments: During pregnancy and after childbirth, you must go through frequent doctor’s visits that can conflict with your 9 a.m. to 5 p.m. schedule at work. You may request more flexible work scheduling around your appointment requirements. 
• Medical leave: Medical leave before and after your child’s birth will ultimately depend on the company you work for, as some may offer up to 12 months, some may provide paid leave, and others may not qualify for the same programs. 
• A place to sit: If you work in a standing-only position, you may need to request a chair as your pregnancy progresses. 
• Remote work options: Remote work can be the ideal solution for many pregnant employees going through the end stages of pregnancy and beginning stages of parenthood. You could request to transition to a digital position. 

The above are simply examples of the types of accommodations you could request. Below, we discuss the importance of reasonable accommodations for pregnant employees to give you a better idea of why you must consider your individual needs when requesting items from your employer. 

Why Reasonable Accommodations Are Important for Pregnant Employees

When considering the significance of reasonable accommodations for pregnant workers, we must look back on why the Pregnant Workers Fairness Act was initially created. Prior to this act, employees could only be granted accommodations at work if they could prove that another employee was previously granted similar accommodations in a past case (unless their employer simply complied, of course). 

Following this standard, in Young v. UPS, a pregnant delivery driver requested to lift less weight at work based on her OBGYN’s recommendation. Her employer denied the request and the court sided with her employer because she could not cite a similar employee example. This example shows why reasonable accommodation laws are important for pregnant employees, because they protect individuals from potential harm. 

Beyond somewhat extreme examples like Young v. UPS, reasonable accommodations also allow pregnant employees to begin their next stage of life in a more positive manner. For example, some of the benefits of providing reasonable accommodations during pregnancy can include the following:

• Pregnant employees will have less stress over doctor’s appointments
• Workers can enjoy more job security during a sensitive life stage
• Pregnant employees can feel more comfortable and included at work
• Pregnant workers can potentially spend more time with their loved ones when the baby comes

How To Request Accommodations From Your Employer

Creating inclusive workplaces and understanding pregnancy accommodation significance does not happen automatically for all employers. If you need to request accommodations from your employer, follow these steps:

1. Notify your employer of your pregnancy
2. Send your reasonable accommodation request, keeping in mind that you cannot create unnecessary burdens on your employer
3. Proactively communicate your needs and discuss potential agreements with your employer
4. Remember that your employer doesn’t have to agree to your exact request, but they should compromise on a reasonable agreement
5. Be prepared to provide doctor certificates or medical notes proving your necessities 

What To Do If an Employer Denies Your Accommodation Request

You should not take the importance of reasonable accommodations for pregnant employees lightly. If your employer denies your request entirely, will not cooperate with your needs, or retaliates against you, you can file an EEOC complaint or lawsuit for pregnancy discrimination. Call Kent Pincin Law today at (310) 376-0922 to speak with an experienced California-based pregnancy discrimination attorney.