Legal Question in Employment Law in California
Options while Pregnant
I recently learned that my employer wanted to change my schedule because of a higher level position that I hold (even though Ive held this position for 8 months w/ my current flex schedule). At that time I notified them that not having my flex day off created a significant impact on my life, and that I was pregnant and would be needing that time off for doctor's appointments. When that didn't seem to work, I offered to take a voluntary demotion to my former position (this position is also held by my co-worker who recv's the flex sched) in order to maintain my schedule. Im being told it's still not an option for me. I don't understand why it's an option for my co-worker who holds the same title. I still am in the 1st trimester and have a lot of anxiety and stress that causes me to not sleep well at night. Im concerned for the development of my baby as well as my metal well-being over the next 7 months. Should I approach them w/ the fact that I feel as if Im being discriminated against?
2 Answers from Attorneys
Re: Options while Pregnant
Generally, employers have the right to schedule employees how they see fit. They do not have to accommodate employees' preferences.
If you need to modify your schedule for a serious health concern, or due to a pregnancy-related disability, the employer must reasonably accommodate you. But the time off you may need sounds a little speculative, as you present it.
If this employer allows flex time for males or similarly situated non-pregnant employees, you may be able to argue you are being discriminated against on the basis of gender or pregnancy, but you need to be careful how you approach this if you intend to keep your job.
You should probably take the time to meet with an experienced employment law attorney in your area to map out the best strategy for you.
Re: Options while Pregnant
You are entitled to reasonable accommodation of your needs due to pregnancy. If it is refused, you have grounds for a lawsuit. Feel free to contact me about your rights and remedies; I've been handling discrimination cases for twenty years.
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