The Pregnant Women in the Workplace Act, which took effect on October 1, 2017, amends the Connecticut Fair Employment Practices Act (CFEPA) to significantly enhance existing anti-discrimination protections for pregnant employees.
New Prohibitions
The Act now makes it unlawful for an employer to:
- Limit, segregate or classify the pregnant employee in a way that would deprive her of employment opportunities due to her pregnancy;
- Discriminate against an employee or job applicant on the basis of her pregnancy in the terms or conditions of her employment;
- Fail or refuse to make a reasonable accommodation for an employee or job applicant due to her pregnancy, unless the employer can demonstrate that the accommodation would impose an undue hardship;
- Deny employment opportunities to an employee or job applicant if the denial is due to the request for a reasonable accommodation due to her pregnancy;
- Force an employee or job applicant affected by pregnancy to accept a reasonable accommodation if she (i) does not have known limitation related to her pregnancy, or (ii) does not require a reasonable accommodation to perform the essential duties related to her employment;
- Require an employee to take a leave of absence if a reasonable accommodation can be provided in lieu of the leave; and
- Retaliate against an employee in the terms, conditions or privileges of her employment based upon the employee’s request for a reasonable accommodation.
Expanded Definitions
The Act also expands the definitions of “pregnancy,” “reasonable accommodation,” and “undue hardship.”
“Pregnancy” is defined to also include childbirth or a related condition and, among other things, lactation.
“Reasonable accommodations” include, but are not limited to, being permitted to sit while working, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignment, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth or break time and appropriate facilities for expressing breast milk.
An “undue hardship” is defined as an action requiring significant difficulty or expense when considered in light of factors such as (A) the nature and cost of the accommodation; (B) the overall financial resources of the employer; (C) the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and (D) the effect on expenses and resources or the impact otherwise of the accommodation upon the operation of the employer.
Notice Requirement
The Act directs employers to provide employees with written notice their rights. The notice must be provided to new employees at the commencement of employment, existing employees within 120 days after the effective date of the Act, and within 10 days of an employee’s notification of her pregnancy. Employers may comply with this mandate by displaying a poster in a conspicuous place, accessible to employees, at the workplace. English and Spanish versions of the poster and the full text of the Act can be found on the Connecticut Department of Labor’s website.
Coverage: Connecticut employers with 3 or more employees.
Effective: October 1, 2017
Action Required: You should modify your policies and/or practices as appropriate, ensure that your supervisors are prepared to receive and respond to your pregnant employees’ requests for reasonable accommodation or notify the appropriate employer representative of such requests, and provide notice to your employees of their rights. You should also contact your Human Resources Business Partner if you have any questions.