by Laura Harshbarger, Esq., and Pamela Lundborg, Bond, Schoeneck & King
Amendments to the New York City Human Rights Law (NYCHRL) require reasonable accommodations for pregnant employees and will change the way employers handle even normal, routine pregnancies.
Beginning Jan. 30, most employers with employees working in New York City will be required to provide reasonable accommodations for pregnant employees. Under the new law, New York City employers with four or more employees must provide reasonable accommodations needed due to pregnancy, childbirth, or related medical conditions, provided that the pregnancy or condition “is known or should have been known” to the employer.
In other words, as long as the employee has announced her pregnancy or her condition is obvious, employers will be obliged to make accommodations.
The law states that accommodations may include “bathroom breaks, leave for a period of disability arising from childbirth, breaks to facilitate increased water intake, periodic rest for those who stand for long periods of time, and assistance with manual labor, among other things.”
Accommodations need not be provided if they would pose an “undue hardship.” Factors in determining undue hardship include the nature and cost of the accommodation, the nature of the facility and the finances of the business.
Letting workers know
The law also contains a notice requirement. Covered employers must notify employees of the right to be free from. The notice must be given to all new and existing employees. The New York City Commission on Human Rights is expected to issue more specific guidance on the notice requirements.
The new law allows employees to file complaints with the commission or proceed directly to court.
How the law expands protections
It is fair to say that the New York City law broadens protections for pregnant workers beyond the scope of the, the ADA and the New York Human Rights Law.
Typically, those other laws have not been interpreted to require employers to accommodate a normal, healthy pregnancy. Instead, the right to an accommodation is usually triggered only upon identification of a particularized need or complicating medical condition, or at the point when the pregnancy becomes disabling (often immediately before and after birth).
The effect of the New York City law is to put a normal, healthy pregnancy on par with a disability for the purpose of workplace accommodations.
Employers with operations in New York City are advised to review their policies and procedures concerning pregnancy and to educate supervisors and managers regarding the scope of these new protections. If you haven’t done so already, now is the time to put those training programs together.
Laura Harshbarger is a partner and Pam Lundborg is a law graduate at Bond, Schoeneck & King’s Syracuse office. Contact them at (315) 218-8000.
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