Washington has expanded the rights of pregnant employees with the enactment of the Healthy Starts Act (the “Act”). The Act places on employers accommodation obligations that are not otherwise required under the Washington Law against Discrimination (“WLAD”) or the Americans with Disabilities Act (“ADA”).
Coverage & Eligibility
Unlike the pregnancy accommodation laws recently passed in other states, the Act eliminates the requirement that a pregnant employee have a pregnancy-related disability in order to be covered by the law. It requires that Washington employers with 15 or more employees reasonably accommodate pregnant employees regardless of disability. This means all pregnant employees are covered and are eligible for a reasonable accommodation.
Accommodations
There are nine accommodations an employer may need to consider or provide a pregnant employee. For four of the nine accommodations, employers are restricted in their ability to request written certification from a healthcare provider or claim providing the accommodation will place an undue hardship on the business. Essentially, employers must provide these four accommodations if requested by a pregnant employee: (1) More frequent, longer, or flexible restroom breaks; (2) Modification of no food or drink policies; (3) Provide seating or allow pregnant employee to sit more frequently if her job requires her to stand; and (4) Limit lifting to 17 pounds or less. An employer may request a written certification and/or claim undue hardship for the remaining five accommodations: (5) Job restructuring, including a part-time or modified work schedule, job reassignment to a vacant position, or providing or modifying equipment, devices, or an employee’s work station; (6) Providing for a temporary transfer to a less strenuous or less hazardous position; (7) Providing assistance with manual labor; (8) Scheduling flexibility for prenatal visits; and (9) Any other accommodation the employee may request.
The new accommodation requirements supplement existing federal and state law accommodation requirements. They do not diminish any rights employees may receive under any other law.
Employer Prohibitions
Employers are prohibited from denying a pregnant employee’s request for reasonable accommodation unless they can show undue hardship as to accommodations 5 - 9 above, i.e. providing the accommodation would require significant difficulty or expense to the employer’s business. Taking adverse actions against an employee because she requests an accommodation, denying her employment opportunities, or requiring her to take leave when a reasonable accommodation is available are also prohibited.
Poster
The Department of Labor and Industries will publish a poster that includes information regarding respective rights and responsibilities under the Act. The information will be published in the “Your Rights as a Worker” poster or a similar work place poster.
Coverage: Washington employers with 15 or more employees.
Effective: July 23, 2017
Action Required: You should modify your policies and/or practices as appropriate and 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.