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Reasonable Accommodations For Pregnant Employees

| Jan 8, 2020 | Employment Law |

The Nevada Pregnant Workers’ Fairness Act provides protections to female employees and applicants for employment who are affected by a condition of the employee or applicant relating to pregnancy, childbirth, or a related medical condition. The law covers employers with 15 or more employees, including state and local governments.

The employers are required to provide reasonable accommodations to employees (and applicants for employment) for a “related medical condition” meaning any medically recognized physical or mental condition intrinsic to pregnancy or childbirth that includes, without limitation, lactation or the need to express breast milk for a nursing child, unless the accommodation would impose an undue hardship on the business of the employer.

A reasonable accommodation may include, without limitation:

  • Modifying equipment or providing different seating;
  • Revising break schedules, which may include revising the frequency or duration of breaks;
  • Providing space in an area other than a bathroom that may be used for expressing breast milk;
  • Providing assistance with manual labor if the manual labor is incidental to the primary work duties of the employee;
  • Authorizing light duty;
  • Temporarily transferring the employee to a less strenuous or hazardous position; or
  • Restructuring a position or providing a modified work schedule.

Written notice must be provided by the employer relating to the employee right to reasonable accommodation for a condition relating to pregnancy, childbirth, or a related medical condition.

Pregnant women are protected from termination due to refusal of their employer to provide a reasonable accommodation

An employer is not required by this act to:

  • Create a new position that the employer would not have otherwise created, unless the employer has created or would create such a position to accommodate other classes of employees; or
  • Discharge any employee, transfer any employee with more seniority or promote any employee who is not qualified to perform the job, unless the employer has taken or would take such an action to accommodate other classes of employees.

If you are pregnant and have questions about your rights, contact our attorneys today, we will assist you with compassion and discretion: 702.333.4223.

Resources: https://www.leg.state.nv.us/Session/79th2017/Bills/SB/SB253_EN.pdf

http://dpbh.nv.gov/uploadedFiles/dpbhnvgov/content/Programs/MIP/Images/Pregnancy%20Fairness%20Act.pdf

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