Sanchez v. Swissport, Inc.: Pregnant Employee Who Was Fired After Exhausting Pregnancy Disability Leave Stated A Claim For FEHA Employment Discrimination

by Sayema Hameed

What happens when a pregnant employee who exhausts all of her vacation time and pregnancy disability leave cannot return to work because she is disabled by a high risk pregnancy?  In the case of Ana G. Fuentes Sanchez, she was fired by her employer, Swissport, Inc., due to her failure to return to work.

Ms. Fuentes Sanchez filed suit against Swissport, alleging pregnancy discrimination under California’s Fair Employment and Housing Act (“FEHA”), Government Code Section 12900 et seq.  The trial court concluded that she failed to state a claim under FEHA because her employer had given her the maximum leave allowed under the Pregnancy Disability Leave Law, Government Code Section 12945.  The Court of Appeal, however, reversed the trial court, concluding that the plaintiff sufficiently stated a cause of action under FEHA for employment discrimination.  Sanchez v. Swissport, Inc. (filed February 21, 2013, Second District, Div. Four, Case No. B237761).

California’s New Pregnancy Disability Leave (PDL) Regulations

by Sayema Hameed

California’s new Pregnancy Disability Leave regulations took effect on December 30, 2012. The new regulations, which can be found in Title 2 of the California Code of Regulations, Sections 7291.2 through 7291.18, were adopted to provide clarity and guidance to employers and employees regarding their respective rights and responsibilities concerning pregnancy, childbirth and related medical conditions under California’s Fair Employment and Housing Act, California Government Code Sections 12940-12951 (“FEHA”).

California Adds New Protections To Pregnancy Disability Leave Law

by Sayema Hameed

Existing California law requires employers with five or more employees to provide employees pregnancy disability leave of up to four (4) months before returning to work.  Effective January 1, 2012, California law now also requires an employer to maintain and pay for group health plan coverage for an employee who takes such leave.