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| Laurie Murphy |
The Court of Appeals recently held that an employer is not free
to fire a disabled (in this case pregnant) employee after providing her the
maximum allotted pregnancy disability leave of four months.
The employer argued that the four months pregnancy
disability leave was the sole remedy for an employee seeking a reasonable accommodation
of her pregnancy-related disability.
The
court disagreed finding under FEHA (Fair Employment and Housing Act) an
employer must make a reasonable accommodation for a disabled worker. That accommodation does not end with the four
month pregnancy leave if the accommodation (here, further leave) can be made without hardship to the employer.
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