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Joseph
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Category: California Employment Law
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I am a union rep and have a pregnant member who has been re-assigned

Resolved Question:

I am a union rep and have a pregnant member who has been re-assigned to light duty by the employer in recognition of her condition. The problem is, she does shift work and the employer is not giving her a consistent shift assignment and as such, is inflicting a hardship on the employee. She is consistently scheduled from early morning shifts to afternoon and evening shifts and it is depriving her of needed rest in her condition. We have spoken to the Labor Relations department of the employer to get the employee some relief but the employees manager has claimed that he will not create a special shift for the affected employee due to cost and staffing considerations. Does the employee have any legal recourse through either Federal or California state employment laws? The union has not been able to get the employer to compromise on this issue and get the employee the needed relief.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Yes, under California and Federal law, the employer is required to provide a pregnant employee with a reasonable accomodation for her disability. (Pregnancy is considered a disability under California and Federal law).

A reasonable accomodation would include scheduling the employee for a consistent shift in order to provide her with the rest that she needs for her pregnancy.

If the employer fails to provide a reasonable accomodation, she can file a complaint with the Fair Employment and Housing Act for discrimination in violation of the Fair Employment and Housing Act.

She can file a complaint using the instructions available online here:

http://www.dfeh.ca.gov/Complaints_eCompProc.htm
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
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Joseph
Joseph
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