Employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law may nevertheless state a cause of action under the California Fair Employment and Housing Act. PDLL remedies augment rather than displace those of the FEHA. Allegations that defendant employer terminated plaintiff because she was unable to work during her high-risk pregnancy, refused to grant her a reasonable accommodation in the form of allowing her to remain on leave until she gave birth, and fired her in response to her request for such an accommodation were sufficient to state claims for sex and disability discrimination and retaliation in violation of the FEHA.
Sanchez v. Swissport, Inc. - filed February 21, 2013, Second District, Div. Four
Cite as B237761
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