CACI No. 2580. Pregnancy Discrimination - Failure to Accommodate - Essential Factual Elements (Gov. Code, § 12945(a)(3)(A))
Judicial Council of California Civil Jury Instructions (2025 edition)
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2580.Pregnancy Discrimination - Failure to
Accommodate - Essential Factual Elements (Gov. Code,
§ 12945(a)(3)(A))
[Name of plaintiff] claims that [name of defendant] failed to reasonably
accommodate a condition related to [pregnancy/[,/or] childbirth/[,/or] [a
related medical condition]]. To establish this claim, [name of plaintiff]
must prove all of the following:
1. That [name of defendant] was an employer;
2. That [name of plaintiff] was an employee of [name of defendant];
3. That [name of plaintiff] had a condition related to [pregnancy/[,/
or] childbirth [,/or] [a related medical condition]];
4. That [name of plaintiff] requested accommodation of this condition
with the advice of a health care provider;
5. That [name of plaintiff]’s employer refused to provide a
reasonable accommodation;
6. That [name of plaintiff], with the reasonable accommodation,
could have performed the essential functions of the job;
7. That [name of plaintiff] was harmed; and
8. That [name of defendant]’s conduct was a substantial factor in
causing [name of plaintiff]’s harm.
New November 2023
Directions for Use
Although this instruction is titled Pregnancy Discrimination - Failure to
Accommodate - Essential Factual Elements, the requirement to provide a requested
reasonable accommodation because of pregnancy under this provision of FEHA
includes pregnancy, childbirth, or any related medical condition. (Gov. Code,
§ 12945(a)(3)(A).)
For an instruction defining “reasonable accommodation” in this context, see CACI
No. 2581, Pregnancy Discrimination - “Reasonable Accommodation” Explained.
Sources and Authority
• Pregnancy Accommodation Required Under Fair Employment and Housing Act.
Government Code section 12945(a).
• “Condition related to pregnancy, childbirth, or a related medical condition”
Defined. Cal. Code Regs., tit. 2, § 11035.
• “Drawing from the statutory language and applicable regulatory law, as well as
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pertinent FEHA case law, we conclude a cause of action under section
12945(a)(3)(A) requires proof that: (1) the plaintiff had a condition related to
pregnancy, childbirth, or a related medical condition; (2) the plaintiff requested
accommodation of this condition, with the advice of her health care provider; (3)
the plaintiff’s employer refused to provide a reasonable accommodation; and (4)
with the reasonable accommodation, the plaintiff could have performed the
essential functions of the job.” (Lopez v. La Casa de Las Madres (2023) 89
Cal.App.5th 365, 370-371 [305 Cal.Rptr.3d 824].)
• “We agree that section 12945 affords important protections to employees affected
by pregnancy, over and above the protections of section 12940. These additional
protections include a right to up to four months of pregnancy-disability leave,
and a right to temporary transfer to a less strenuous job if such a ‘transfer can
be reasonably accommodated’. Section 12945(a)(3)(A) also protects a right to
reasonable accommodation for a condition associated with pregnancy or
childbirth, even when this condition does not rise to the level of a formally
recognized disability. Section 12945(a)(3)(A) is, in this regard, broader than
section 12940(m), which addresses an employer’s obligation to accommodate
‘disability.’ But none of these provisions entitles an employee to a job she
cannot perform.” (Lopez, supra, 89 Cal.App.5th at pp. 381-382, internal citations
omitted.)
Secondary Sources
8 Witkin Summary of California Law (11th ed. 2017) Constitutional Law, § 1034
11 California Forms of Pleading and Practice, Ch. 115, Civil Rights: Employment
Discrimination, § 115.22 (Matthew Bender)
1 Wilcox, California Employment Law, Ch. 8, Leaves of Absence, §§ 8.10-8.12
(Matthew Bender)
3 Wilcox, California Employment Law, Ch. 43, California Fair Employment and
Housing Act, § 43.01 (Matthew Bender)
CACI No. 2580 FAIR EMPLOYMENT AND HOUSING ACT
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© Judicial Council of California.
