Chapter 129

2015 -- S 0276 SUBSTITUTE A AS AMENDED Enacted 06/25/2015

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES

Introduced By: Senators Gallo, Ruggerio, Goodwin, and Lynch

Date Introduced: February 11, 2015

It is enacted by the General Assembly as follows:

SECTION 1. Legislative findings and intent. It is the intent of the General Assembly to

combat pregnancy discrimination, promote public health, and ensure full and equal participation

for women in the labor force by requiring employers to provide reasonable accommodations to

employees with conditions related to pregnancy, childbirth, or a related condition. Current

workplace laws are inadequate to protect pregnant women from being forced out or fired when

they need a simple, reasonable accommodation in order to stay on the job. Many pregnant women

are single mothers or the primary breadwinners for their families; if they lose their jobs then the

whole family will suffer. This is not an outcome that families can afford in today's difficult

economy.

SECTION 2. Chapter 28-5 of the General Laws entitled "Fair Employment Practices" is

hereby amended by adding thereto the following section:

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 days (120) after the effective date of

this section;

(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.

SECTION 3. This act shall take effect upon passage.

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LC000851/SUB A/2

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