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South Carolina Issues New Pregnancy Accommodations FAQs and Anti-Discrimination Poster

09/01/18

Author: ADP Admin/Thursday, August 30, 2018/Categories: State Compliance Update, South Carolina

Overview: The South Carolina Human Affairs Commission (SCHAC) has published Frequently Asked Questions on the new state Pregnancy Accommodations Act. It also has published a new anti-discrimination poster that includes provisions required under the Act.

Effective Date: September 14, 2018

Details:
The Act amends the South Carolina Human Affairs Law to require employers with at least 15 employees to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth or other related medical conditions (including lactation), unless the employer can demonstrate the accommodation would impose an undue hardship on the operation of the business. According to the SCHAC’s FAQs, staffing agencies are considered covered employers.

The Act also imposes posting and notice requirements effective September 14, 2018. It requires employers to conspicuously post information about the right to be free from discrimination for medical needs arising from pregnancy, childbirth or other related medical conditions in an area accessible to employees. The anti-discrimination poster provided by SCHAC satisfies the requirements of the Act.

By September 14, 2018, employers also must provide written notice of employees’ rights under the Act to existing employees and new employees at the beginning of employment.

The published Frequently Asked Questions provides further information.

Action Required: South Carolina employers should update their existing equal employment opportunity policies in handbooks or other documents provided to employees at the time of hire. Employers also may create and distribute a separate notice to comply with the Act. Please click here for a sample South Carolina Pregnancy Accommodations Policy. If you participate in the Handbook Builder, please click here for instructions on updating your policy.

Please be sure to contact your Human Resources Business Partner if you have any questions.

*Produced in cooperation with Jackson Lewis P.C.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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