A popular organic grocer in the U.S. recently agreed to take steps to ensure that the people running its grocery stores across California are aware of pregnant workers’ legal rights. The move follows accusations that the company denied reasonable accommodations to an employee in Berkeley.
The organic grocery chain agreed to step up staff training regarding pregnant workers’ rights, including reasonable accommodations, according to the California Civil Rights Department. The chain pledged to take action to settle a 2023 complaint by a worker who said she was discriminated against and later fired for requesting certain accommodations while she was pregnant.
“In California, we have strong laws in place to ensure pregnant workers do not face impossible choices between their safety and their ability to earn a living,” said Kevin Kish, the civil rights department’s leader. “All Californians have the right to reasonable pregnancy-related accommodations, whether it’s more frequent breaks or limits on heavy lifting.”
California law makes clear that pregnant workers do not need to choose between their health and their jobs. Workers across the state have strong rights and protections on the job. That includes guaranteed time off and reasonable accommodations during and after pregnancy. State and federal laws also ban employers from taking a wide range of retaliatory actions against pregnant workers who exercise their rights.
Still, the situation highlights the challenges that pregnant employees continue to face at work. Many employers refuse to acknowledge workers’ rights on the job or simply do not understand their responsibilities under state and federal workplace laws.
At Justice Law Corporation, our California discrimination lawyers help working people fight back against pregnancy and other forms of bias on the job. We are seasoned employment attorneys who have dedicated our professional lives to these cases. Our firm is proud of its track record of success for clients, including numerous settlements and verdicts in pay and discrimination claims.
Pregnant Workers’ Rights in California
Anyone who has been pregnant understands that it can be a physically and emotionally draining experience. State and federal laws are generally designed to help pregnant workers continue working while protecting their health and safety, and to take the time off they need without fear of losing their jobs.
California’s Fair Employment and Housing Act and the federal Pregnancy Discrimination Act broadly prohibit employers from discriminating against workers because of pregnancy, childbirth, or related medical conditions. The laws cover a wide range of workers, including those who are employed part-time.
This means that employers generally cannot make hiring, firing, demoting, or other employment decisions solely because an employee is pregnant or may become pregnant in the future. They also cannot discriminate against a worker because the person recently had a child.
How Reasonable Accommodations Work
The laws also entitle pregnant workers to certain reasonable accommodations on the job. A reasonable accommodation is a change to your work duties, schedule, or environment that helps you continue working without undue hardship for your employer.
Some of the most common accommodations include:
- Light work
- Seating
- Schedule adjustments
- Frequent rest breaks
- Lifting restrictions
- Remote work
- Temporary job transfer
- Lactation accommodations
These and other accommodations are reasonable if they do not cause undue hardship on an employer. Minor inconveniences, temporary costs, and administrative adjustments are not enough to justify denying accommodations.
Companies and other employers are required by law to engage in a good-faith interactive process. They must consider an accommodation request and explore alternative arrangements.
Employers are barred from retaliating against employees for exercising their rights. That means they cannot fire, demote, or otherwise take action against workers who seek reasonable accommodations, take pregnancy-related time off, or file claims alleging discrimination.
The Grocery Store Case
The Berkeley grocery store employee said she informed her managers that she was pregnant and provided medical documentation supporting her accommodation requests.
The woman requested accommodations such as not being required to lift heavy objects, reduced standing time, and avoiding exposure to extreme heat from cooktops, according to her complaint. Those requests were never granted.
“After complaining about it to the groder and submitting additional information from her medical provider, she claimed that she was then told that she was being put under investigation because she forgot to punch in for a shift — even though, according to her complaint, other employees had not been fired in the past for similar mistakes — and was eventually fired,” the civil rights department said.
The company did not admit guilt as part of its agreement with the department. The company did, however, say it would ensure that all of its store leaders across California complete in-person training on reasonable accommodation requests and protections against discrimination, harassment, and retaliation.
The grocer also pledged to submit its training materials on disability and reasonable accommodations to the agency for review. The company committed to working with the agency to make any recommended changes to those materials.
Our California Discrimination Lawyers Can Help
If you believe that you are being discriminated against or ripped off on the job, whether it is by being denied reasonable accommodations or in other terms and conditions, you do not need to go it alone.
A California discrimination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options. We have a strong track record of optimal results through verdicts and settlements for the people that we represent. Contact us at (818) 230-7502 to schedule a free consultation with a California discrimination lawyer.
