Amended Pregnancy Regulations Expand Protections for Employees Disabled by Pregnancy or Perceived as Pregnant

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All California employers with five or more full- or part-time employees must comply with the California Fair Employment and Housing Commission’s (“FEHC”) amended pregnancy regulations that went into effect December 30, 2012. Moreover, there is no eligibility requirement, such as minimum hours worked or length of service, before an employee disabled by pregnancy is eligible for reasonable accommodation, transfer, or disability leave.

The regulations state that it is unlawful for any employer to take any adverse action against an employee who is disabled by pregnancy or is perceived as pregnant. Examples of prohibited conduct include discrimination, retaliation, refusal to hire, refusal to train, a forced transfer to another position or harassment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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