South Carolina Enacts Pregnancy Accommodation Law
Author: Robert S. Teachout, XpertHR Legal Editor
May 30, 2018
South Carolina has passed a law requiring employers to provide reasonable accommodations for pregnant employees. The South Carolina Pregnancy Accommodations Act amends the state's Human Affairs Act definitions of "on the basis of sex" to extend its protections to pregnancy, childbirth or related conditions, including lactation.
The law took effect when Governor Henry McMaster signed it on May 17, 2018. South Carolina becomes the 22nd state to require pregnancy accommodation in the workplace.
Under the new law, employers must treat situations arising from pregnancy, childbirth or related medical conditions the same as they would any other medical condition for accommodations or for any other employment-related purposes, including benefits.
By September 14, 2018, employers must provide written notice to existing employees and to new employees at the start of their employment of their right to be free from discrimination for medical needs arising from pregnancy, childbirth or related medical conditions. A notice of employees' rights under the law also must be conspicuously posted in the workplace in an area accessible to employees.
The Act makes it unlawful for employers to:
- Fail or refuse to make reasonable accommodations as required by the law, unless the employer can show that doing so would impose an undue hardship;
- Deny job opportunities to an applicant or employee, if the denial is based on the need for reasonable accommodations;
- Require an applicant or employee to accept an accommodation that she does not want, if she does not have a known pregnancy-related limitation or the accommodation is unnecessary to perform the essential duties of the job;
- Require an employee to take leave under any leave law or employer policy if another reasonable accommodation can be provided; or
- Take adverse action against an employee in the terms, conditions or privileges of employment for requesting or using a reasonable accommodation under the law.
The South Carolina Women's Rights and Empowerment Network, a supporter of the law, has pointed out that most accommodations often cost employers little or nothing. They can be as simple as providing more frequent bathroom or food breaks, allowing an employee to carry a water bottle, permitting coworkers to assist with heavy lifting or allowing employees who stand at work to sit on a stool.
Steps employers are taking to comply with the federal Pregnancy Discrimination Act, the Americans with Disabilities Act and Title VII of the Civil Rights Act will help them towards meeting the new South Carolina requirements.