Philadelphia Prohibits Pregnancy Discrimination, Requires Reasonable Accommodations for Pregnant Employees

Author: Beth P. Zoller, XpertHR Legal Editor

February 5, 2014

On January 20, 2014, Philadelphia Mayor Michael A. Nutter signed an amendment to the Philadelphia Fair Practices Ordinance making discrimination based on pregnancy, childbirth or related medical conditions unlawful, and requiring employers to provide pregnant employees with reasonable accommodations.

Specifically, the amendment entitles pregnant employees to reasonable accommodations that will enable them to perform the essential functions of their jobs, provided that an employee requests the accommodation and the accommodation does not present an undue hardship for the employer.

Under the amendment, reasonable accommodations include:

  • Restroom breaks;
  • Periodic rest for those who stand for long periods of time;
  • Assistance with manual labor;
  • Leave for a period of disability arising from childbirth;
  • Reassignment to a vacant position; and
  • Job restructuring.

Further, the amendment details that the following factors should be considered in evaluating an employer's claim of undue hardship:

  • The nature and cost of the requested accommodations;
  • The employer's overall financial resources at the facility where the employee requested the accommodations (including the number of employees, the effect on expenses and resources, or the impact of the requested accommodations upon the employer's operations);
  • The employer's overall financial resources (including its size, the number of employees and the number, type and location of its facilities); and
  • The type of operations in which the employer is engaged (including the composition, structure and functions of the workforce and the relationship of the employer's facilities).

The amendment provides that if an employee brings a claim for failure to provide a reasonable accommodation, an employer may assert that the employee could not satisfy the requirements of the job even with the requested reasonable accommodation.

Lastly, the amendment requires employers to provide written notice to all new and existing employees of the right to be free from discrimination based on pregnancy, childbirth and related medical conditions and the right to request reasonable accommodations related to same. The notice must be provided within 90 days of the Ordinance's effective date (January 20, 2014). In addition, it is recommended that employers conspicuously post the notice in an area accessible to all employees.

This amendment follows laws in New Jersey, New York City and Maryland, in going beyond the discrimination protections in Title VII, the Pregnancy Discrimination Act, the ADA and the Pennsylvania Human Relations Act. As such, Philadelphia employers should be mindful of these requirements and be prepared to make the appropriate changes in their policies and procedures.