Making schedule flexible to help worker avoid stress is not a reasonable accommodation, court says
An employee alleging pregnancy discrimination had to prove that she had a pregnancy-related condition and that she could perform her job’s essential functions with reasonable accommodation, the California Court of Appeal said in a recent case.
In the case of Lopez v. La Casa de Las Madres, the plaintiff worked for La Casa de Las Madres at various times between 2002 and 2017. In 2014, she became a shelter manager at its residential shelter for domestic violence victims.
The plaintiff gave birth in September 2016. She afterwards experienced complications, for which she provided certificates to her employer.
The plaintiff claimed that La Casa started sending harassing communications, failed to participate in an interactive process to decide if it could accommodate her condition, rebuffed her efforts to return to work, forced her out of her job, and misrepresented the reasons for her termination, which prevented her from securing work elsewhere.
Read more: California worker alleges 6 companies fired her when she returned from maternity leave
In June 2018, the plaintiff filed a lawsuit alleging the following claims against La Casa:
- pregnancy discrimination under section 12945(a)(3)(A) of California’s Fair Employment and Housing Act (FEHA)
- harassment because of pregnancy under the FEHA
- failure to prevent discrimination and harassment under the FEHA
- disability discrimination under...
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