Under 2015 amendments to the Fair Employment Practices Act, it is an unlawful employment practice for an employer to refuse to reasonably accommodate an employee’s or prospective employee’s condition related to pregnancy, childbirth, or a related medical condition. The duty to accommodate extends to an employee’s need to express breast milk for a nursing child, if the employee requests such an accommodation.
Accommodation is required unless the employer can demonstrate that the accommodation would pose an undue hardship on the employer’s program, enterprise, or business. An accommodation would present an undue hardship if it required significant difficulty or expense to the employer. If the employer provides a similar accommodation to other classes of employees (e.g., providing light duty to employees who experienced a workers’ compensation injury), it will be very difficult for the employer to prove that the accommodation imposes an undue hardship for the employer.
An employer may not require an employee to take leave if another reasonable accommodation can be provided, nor may it deny employment opportunities to an employee or prospective employee, if the denial is based on the refusal of the employer to reasonably accommodate pregnancy, childbirth, or a related medical condition.
Notice. Employers must provide written ...