Pregnancy Discrimination Includes Denial of Light Duty.
Ms. White requested accommodation for her pregnancy to allow her to perform light duty work during part of her term. But the Company responded by denying the request. Management stated that it would provide no special status to Ms. White. Pregnant women would be treated like all other workers “injured” off the job. The Company gave no one “light duty” in that category.
Ms. White countered that the pregnancy accommodation laws required that she be accommodated even if other employees were not. The only relevant question was whether her employer treated Ms. White differently than “on the job injured persons” because of her pregnancy. Ms. White presented evidence that the Company gave workers injured on the job light duty assignments. She argued this evidence was proof the Company discriminated against her.
The U.S. Supreme Court agreed. The federal pregnancy discrimination laws are part of Title VII of the 1964 Civil Rights Act as amended. The law provides that employers must treat pregnant workers equally with non-pregnant workers. See Young v. United Parcel Service Inc. (March 2015). Full Court Opinion. The Court rejected UPS’s argument that it treated pregnant workers equally with all workers injured off the job. Instead, the Court held Title VII required UPS to treat pregnant women equally with workers injured on the job.
The White decision is not binding on State Courts interpreting state anti-discrimination laws, but the reasoning of the Court will likely be accorded great weight. That means that if an employer provides light duty assignments for workers receiving workers’ compensation, it must provide equal light duty opportunities to its pregnant workers as well.
California Law Requires Employers to Provide Pregnancy Accommodation.
California also protects against pregnancy discrimination, but goes even farther than federal law. The anti-discrimination and anti-harassment laws protect an employee from discrimination because of any medical condition related to the pregnancy or the childbirth.
California employees also have a right to reasonable pregnancy accommodation and accommodation of medical conditions related to childbirth. Such accommodations can include a time and place to rest, providing you with a stool or chair at your work location, and giving you a modified schedule or modified duties. You may be entitled to more frequent or longer breaks. You may be entitled to a transfer to a position that is less physically or emotionally demanding. Sometimes there are hazards to you or your unborn child, such as X-ray exposure or toxic fumes and chemicals to be avoided. You may be entitled to a transfer to a less hazardous position.
If accommodations are not an option, you are entitled to pregnancy disability leave (PDL) of up to four months (the working days you normally would work in one-third of a year or 17 1/3 weeks). Your employer cannot force you to take pregnancy leave in lieu of accommodations if accommodations are a reasonable option. You are guaranteed return to the same job when you are no longer disabled by your pregnancy. or, in certain instances, to a comparable job.
Once you return from pregnancy leave to resume work, the employer must provide you with a reasonable amount of break time and use of a room or other location in close proximity to the employee’s work area to express breast milk in private.
Pregnancy leave can be taken in segments of time as needed. For example, leave can be used for prenatal or postnatal medical appointments, doctor-ordered bed rest, severe morning sickness, gestational diabetes, pregnancy-induced hypertension, preeclampsia, recovery from childbirth or loss or end of pregnancy, and/or post-partum depression.
You may also be eligible for state disability insurance or Paid Family Leave (PFL), administered by the California Employment Development Department. ° At your discretion, you can use any vacation or other paid time off during your PDL.
Conclusion.
Our office represents women for a range of gender based discrimination issues. Pregnancy discrimination is certainly one of our main concerns. Call our office to evaluate your remedies if you believe you have been treated differently because of being pregnant. The California Government Code defines your pregnancy accommodation rights, duties and protections. Your employer’s policies regarding accommodation are not the ultimate standard. Many employers fail to have an express pregnancy discrimination and accommodation policy, or to post your rights in a conspicuous place as required by law. Therefore, do not take your employer’s statement of “no accommodation” as the final word. Ms. White did not, and she was instrumental in clarifying protections for millions of women.