South Carolina Maternity and Pregnancy laws & HR compliance analysis

South Carolina Maternity and Pregnancy: What you need to know

The South Carolina Human Affairs Law prohibits employment practices that discriminate based on sex, which includes discrimination based on pregnancy or any medical condition related to pregnancy or childbirth.
Women affected by pregnancy, childbirth, or related medical conditions must be treated the same for all employment purposes, including coverage under employee benefits, as are other employees who are temporarily disabled but similar in their ability to work.
Employers are prohibited from requiring an employee to take leave under any leave law or policy if another reasonable accommodation can be provided for needs arising from pregnancy, childbirth, or related medical conditions.
The law covers employers with 15 or more employees (SC Code Sec. 1–13–80).
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Effective May 18, 2018, South Carolina amended the Human Affairs Law to prohibit covered employers from failing or refusing to provide reasonable accommodation for employees’ medical needs arising from pregnancy, childbirth, or related medical conditions (SC Code Sec. 1–13–80).
Covered employers. The law applies to employers with 15 or more employees.
Covered conditions. The law covers pregnancy, childbirth, and other related conditions, including, but not limited to, lactation.
Reasonable accommodations. It is an unlawful employment practice for an employer to fail or refuse to make reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions of an applicant or employee unless the employer can demonstrate that the accommodations would pose undue hardship.
Examples of accommodations may include, but are not limited to:
• Making existing facilities ...

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