Requirements
The new law requires employers to treat women, who the employer knows or should know are pregnant, no less favorably than non-pregnant employees in their terms, conditions and privileges of employment. Pregnancy is defined as “pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, including recovery from childbirth.”
Moreover, employers must provide the pregnant employee with a reasonable, pregnancy-related accommodation upon request. The law, however, requires that an employee’s request for a pregnancy-related accommodation be “based on the advice of her physician.” Examples of accommodations include bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modifying work schedules, and temporary transfer to less strenuous work. These accommodations must be provided unless the employer can demonstrate an undue hardship on its business operations.
Determining Undue Hardship
The law states that when considering whether an accommodation constitutes an undue hardship, employers should consider the following factors:
♦ the overall size of its business with respect to the number of employees, number, types of facilities and size of budget;
♦ the type of operation affected, including the composition and structure of the employer’s workforce;
♦ the nature and cost of the accommodation needed, taking into consideration the availability of tax credits, tax deductions and outside funding; and
♦ the extent to which the accommodation would require a waiver of an essential requirement of the employee’s job.
Further, the law provides that employers shall not penalize employees in the terms, conditions or privileges of their employment for requesting an accommodation.
Employers should ensure that supervisors and managers are aware of these new requirements.
As always, please contact your Human Resource Business Partner if you have any questions.