Effective January 1, 2018, Vermont employers will be required to provide reasonable accommodations to employees for their pregnancy related conditions.
House Bill 136 makes it “an unlawful employment practice for an employer to fail to provide a reasonable accommodation for an employee’s pregnancy-related condition, unless it would impose an undue hardship on the employer.” A “pregnancy-related condition” is a limitation of an employee’s ability to perform the functions of a job caused by pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. “Reasonable accommodations” are changes and modifications which can be made in the structure of a job or in the manner in which a job is performed that would not impose an undue hardship on the employer. They may include (among other things) job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, and other similar actions. Irrespective of whether a pregnant employee has a disability, she must have the same rights and be subject to the same standards for reasonable accommodation as a qualified individual with a disability under the state’s nondiscrimination law.
Employers are required to notify employees of their right to accommodations for pregnancy-related conditions by posting a notice “in a place conspicuous to employees at the employer’s place of business.” The Commissioner will prepare and make the required notice available.
Coverage: Employers with employees in Vermont.
Effective: January 1, 2018
Action Required: You should familiarize yourself with your new obligations, and modify your policies and/or practices to 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. Also, be sure to contact your Human Resources Business Partner with any questions you may have.