TITLE 28
Labor and Labor Relations

CHAPTER 28-5
Fair Employment Practices

SECTION 28-5-7.4


§ 28-5-7.4 Accommodation of pregnancy-related conditions.

(a) It shall be an unlawful employment practice for an employer, as defined in § 28-5-6(8), to do the following:

(1) To refuse to reasonably accommodate an employee's or prospective employee's condition related to pregnancy, childbirth, or a related medical condition, including, but not limited to, the need to express breast milk for a nursing child, if she so requests, unless the employer can demonstrate that the accommodation would pose an undue hardship on the employer's program, enterprise, or business;

(2) To require an employee to take leave if another reasonable accommodation can be provided to an employee's condition related to the pregnancy, childbirth, or a related medical condition;

(3) To deny employment opportunities to an employee or prospective employee, if such denial is based on the refusal of the employer to reasonably accommodate an employee's or prospective employee's condition related to pregnancy, childbirth, or a related medical condition;

(4) To fail to provide written notice, including notice conspicuously posted at an employer's place of business in an area accessible to employees, of the right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to reasonable accommodations for conditions related to pregnancy, childbirth or related conditions pursuant to this section to:

(i) New employees at the commencement of employment;

(ii) Existing employees within one hundred twenty (120) days after the effective date of June 25, 2015;

(iii) Any employee who notifies the employer of her pregnancy within ten (10) days of such notification;

(5) For any person, whether or not an employer, employment agency, labor organization or employee, to aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful employment practice; or to obstruct or prevent any person from complying with the provisions of this section or any order issued pursuant to this section; or to attempt directly or indirectly to commit any act declared by this section to be an unlawful employment practice.

(b) For the purposes of this section, the following terms shall have the following meanings:

(1) "Reasonably accommodate" means providing reasonable accommodations, including, but not limited to, more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, seating, temporary transfer to a less strenuous or hazardous position, job restructuring, light duty, break time and private non-bathroom space for expressing breast milk, assistance with manual labor, or modified work schedules;

(2) "Related conditions" includes, but is not limited to, lactation or the need to express breast milk for a nursing child;

(3) "Undue hardship" means an action requiring significant difficulty or expense to the employer. In making a determination of undue hardship, the factors that may be considered include, but shall not be limited to, the following:

(i) The nature and cost of the accommodation;

(ii) The overall financial resources of the employer; 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

(iii) The effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer.

(A) The employer shall have the burden of proving undue hardship.

(B) The fact that the employer provides, or would be required to provide, a similar accommodation to other classes of employees who need it, such as those who are injured on the job or those with disabilities, shall create a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.

(4) "Qualified employee or prospective employee" means a "qualified individual" as defined in § 42-87-1(6)(i).

(c) No employer shall be required by this section to create additional employment that the employer would not otherwise have created, unless the employer does so, or would do so, for other classes of employees who need accommodation, such as those who are injured on the job or those with disabilities.

(d) No employer shall be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the employer does so, or would do so, to accommodate other classes of employees who need it, such as those who are injured on the job or those with disabilities.

(e) The provisions of this section shall not be construed to affect any other provision of law relating to sex discrimination or pregnancy, or to preempt, limit, diminish or otherwise affect any other law that provides greater protection or specific benefits with respect to pregnancy, childbirth, or medical conditions related to childbirth.

(f) Nothing in this section shall be construed to require an individual with a need related to pregnancy, childbirth, or a related medical condition to accept an accommodation which such individual chooses not to accept.

History of Section.
(P.L. 2015, ch. 129, § 2; P.L. 2015, ch. 151, § 2.)