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Shegerian Conniff on California Pregnancy Discrimination and Workplace Protections

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The ambulance dispatch station where Heydi Fernandez waited for calls as an emergency medical technician didn’t have a private place to pump breast milk when she returned to work three months after giving birth to her son.

So she expressed her milk sitting at a dining table when none of her colleagues were eating meals there.

One day, the CEO of the private ambulance company she worked for paid a surprise visit to the station and introduced himself to Fernandez while she was pumping.

“This is his first impression of me, and I was in a panic,” Fernandez said, recalling how she told the CEO she could not shake his hand because hers probably had milk on it. She worried the awkward exchange might have career consequences. “Am I going to get fired? Or is this going to impact my future here if I move up within the company?” she thought.

Many women encounter discrimination during pregnancy and after childbirth, despite state and federal laws designed to protect them. As a result, pregnant and postpartum workers often worry about how hiring managers or their existing employers will view them if they disclose a pregnancy or request job modifications as new mothers.

“Their employer is required to provide them accommodations, if those are available, and see if there’s a different job that they can do while they’re pregnant,” said Cortney Shegerian, co-founder of Shegerian Conniff, a Los Angeles law firm that represents workers alleging pregnancy discrimination and breastfeeding rights violations. “That oftentimes is seen by the employer as a big inconvenience, as something that they just don’t want to deal with.”

These are suggestions from legal experts and workers for ensuring pregnancy-related employment needs are respected before and after a baby is born.

Know your rights under the federal Pregnant Workers Fairness Act

Under a U.S. law that took effect in June 2023, employers with at least 15 workers are required to make reasonable health and safety accommodations so employees who are pregnant or have recently gave birth can remain in their jobs.

The Pregnant Workers Fairness Act entitles women to seek a wide range of changes at work, including help with physically demanding tasks like lifting heavy objects, flexible scheduling to attend medical appointments and reduced exposure to hazardous chemicals, according to guidance published by A Better Balance, a nonprofit legal advocacy organization that promotes gender and racial equality in workplace policies.

The law also protects those who are trying to get pregnant through in vitro fertilization and pregnant workers with medical conditions such as severe nausea and vomiting, A Better Balance President Inimai Chettiar said. For nursing mothers, the law guarantees breaks and a private space other than a bathroom for lactation needs.

“Your employer cannot force you on leave or retaliate against you for requesting accommodation,” Chettiar said. “And the employer has to prove that it would be an undue hardship for them to deny the accommodation, and that’s a really high legal standard. They have to prove it would cause them significant difficulty or expense.

If you believe that your rights have been violated, schedule a free consultation with Shegerian Conniff’s pregnancy discrimination attorneys.

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