2025 -- S 0361

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LC001376

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES

     Introduced By: Senators Urso, Sosnowski, Murray, Euer, Gallo, Lawson, Felag,
DiPalma, Tikoian, and Britto

     Date Introduced: February 21, 2025

     Referred To: Senate Labor & Gaming

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-5-7.4 of the General Laws in Chapter 28-5 entitled "Fair

Employment Practices" is hereby amended to read as follows:

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

pregnancy-related and menopause-related conditions.

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

do the following:

     (1) To refuse to reasonably accommodate an employee’s or prospective employee’s

condition related to pregnancy, childbirth, menopause, 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, menopause, 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, menopause, 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, menopause, and related conditions, including

the right to reasonable accommodations for conditions related to pregnancy, childbirth, menopause,

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 or menopause, 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) “Qualified employee or prospective employee” means a “qualified individual” as

defined in 42-87-1(3)(i);

     (2) “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;

     (3) “Related conditions” includes, but is not limited to, lactation or the need to express

breast milk for a nursing child, or the need to manage the effects of vasomotor symptoms;

     (4) “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.

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     (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.

     (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 menopause, or to preempt, limit, diminish, or

otherwise affect any other law that provides greater protection or specific benefits with respect to

pregnancy, childbirth, menopause, or medical conditions related to childbirth or menopause.

     (f) Nothing in this section shall be construed to require an individual with a need related to

pregnancy, childbirth, menopause, or a related medical condition to accept an accommodation

which such individual chooses not to accept.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES

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     This act would update and expand the current law to include menopause and menopause

related conditions in the law on fair employment practices pertaining to pregnancy and pregnancy

related conditions.

     This act would take effect upon passage.

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