As a reminder, the Employer Accommodation for Pregnancy Act requires employers to post a notice of the new workplace protections related to limitations due to pregnancy, childbirth, and related conditions no later than June 29, 2020. Along with the posted notice, employers must provide such notice to new employees at the time of hire and within 10 days of an employee informing their employer of their pregnancy.
To recap, effective January 1, 2020, the Employer Accommodation for Pregnancy Act expressly requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship. This law applies to all Oregon employers with six or more employees.
Specifically, Oregon employers who know of an employee's limitations due to pregnancy, childbirth, or a related condition, cannot:
- Refuse to make reasonable accommodations; Deny employment opportunities based on the need of the employer to make a reasonable accommodation;
- Take adverse employment action, discriminate, or retaliate because of a reasonable accommodation request;
- Require an employee or applicant to take a reasonable accommodation that is not necessary;
- Require OFLA or any other leave if the employer can make a reasonable accommodation.
Reasonable accommodations under the Employer Accommodation for Pregnancy Act include but are not limited to:
- Acquisition of equipment;
- More frequent or longer rest breaks;
- Assistance with manual labor;
- Modification of work schedules.
If you have not done so yet, you will want to be sure to update your employee handbook policy on accommodations, train all supervisors on requests for accommodations, including pregnancy, and make sure this notice is placed in a conspicuous and accessible workplace location.
If you have any questions, let us know!