Legal Question in Discrimination Law in California

Is my employer legally allowed to put me on leave after I told him I was pregnant stating that he can not accommodate my needs? I gave him a letter from my doctor stating he needed to make certain accommodations for me such as letting me sit when needed, letting me snack periodically throughout my shift, and letting me use the restroom, I gave it to him and no more then an hour later he called me back saying there was no way he could accommodate my and they're going to put me on a pregnancy disability leave. Is that legal? Do I have rights?


Asked on 1/29/15, 9:45 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello,

Generally that practice is considered failure to accommodate and illegal, unless the employer has legitimate reasons for not accommodating you or not willing to take the risk of having you perform your duties in your condition. Generally, this alone would not warrant taking legal action. However, you should keep track of everything that's going on, and if the employer take a more tangible action against you, such as demotion or termination, then you might have a legitimate claim against them. You should also discuss your situation with an employment attorney to go over your legal options and how to proceed from here on.

Also, please make sure to read this article to avoid a common mistake that some employee make in your or similar situation: http://www.sanfranciscoemploymentlawfirm.com/2015/01/rude-boss-can-ruin-wrongful-termination-case.html

Thanks,

Arkady

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Answered on 1/29/15, 6:55 pm


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