Do pregnant workers have a right to adjustments at work?

Pregnancy is a time of excitement, anticipation and often, physical change. You should never feel forced to choose between a healthy pregnancy and your career. When you experience workplace changes or limitations due to pregnancy, your employer must legally support you. This support comes in the form of required adjustments called reasonable accommodations.

Federal protection

Pregnant employees gain important rights through the Pregnant Workers Fairness Act (PWFA). This federal law makes it mandatory for employers with 15 or more employees to accommodate known limitations stemming from pregnancy, childbirth or related health conditions.

You must notify your employer of your limitation and your need for an accommodation, a simple change that can help you perform the essential functions of your job safely and effectively. Your employer must then participate in an interactive process with you. This process means you and your employer communicate in good faith to find a workplace adjustment that works.

The employer can only deny your request if the accommodation creates an undue hardship, meaning it would be significantly difficult or expensive for the business. This legal standard is often a high bar to meet.

California’s stronger requirements

If you work in California, you benefit from some of the strongest protections in the country. The Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave (PDL) Law often give you more rights than federal law provides.

The state requires employers with five or more employees to provide reasonable accommodations for any pregnancy-related limitation, whether or not it rises to the level of a disability. This standard means minor needs, such as morning sickness or swelling, trigger your employer’s duty to accommodate you.

California’s PDL also allows you to take up to four months of job-protected leave for disability due to pregnancy, childbirth or a related medical condition. This leave is separate from the time you take for baby bonding.

Examples of required accommodations

Common and legally required accommodations include:

• More frequent or longer breaks for water, food or restroom use
• The ability to sit or stand as needed during your work shift
• Temporary transfer to a less physically demanding or less hazardous position
• Modified work duties such as assistance with heavy lifting
• Schedule adjustments for necessary prenatal or postnatal medical appointments
• A clean, private non-bathroom space for pumping breast milk

These accommodations are your rights, not special favors. Your employer generally cannot force you to take leave if an accommodation allows you to keep working. If your employer denies one of these simple requests, they may have violated the law. 

When your employer denies your rights

If you requested reasonable accommodation due to pregnancy or family responsibility and your employer refused it, demoted you or treated you unfairly, they may have engaged in unlawful discrimination or retaliation. Retaliation happens when an employer punishes you for trying to assert your legal rights. You need to act quickly, as deadlines for filing legal claims are very strict.

Legal options available to you include filing a complaint with the Equal Employment Opportunity Commission (EEOC) at the federal level or with California’s Civil Rights Department. These agencies can investigate your claim and may take action against your employer. You may also have the right to file a lawsuit seeking remedies, such as back pay, reinstatement, compensatory damages and even punitive damages in some cases.

An experienced employment attorney can help evaluate your case, gather evidence of discrimination and pursue the legal recourse that fits your situation. Protecting your family and your future is the most important step you can take right now.