Based on the passage of An Act Concerning Pregnant Women in the Workplace (the Act), Connecticut just released its Pregnancy Discrimination and Accommodation in the Workplace notice, which must be posted by all employers with 3 or more employees.
The Act expands protections for pregnant employees and applicants under Connecticut’s Fair Employment Practices Act (CFEPA). While it is not mentioned on the notice, these protections will go into effect on October 1, 2017.
What Employers Need to Know
Under the Act, an employer may not discriminate against an employee or applicant due to her pregnancy, childbirth, or other related conditions, including lactation in the workplace.
Prohibited discriminatory conduct may include:
- Terminating an employee due to pregnancy, childbirth, or a related condition
- Denying an employee disability or leave benefits accrued under plans maintained by the employer
- Failing to reinstate an employee to her original or an equivalent position after a leave of absence
Employers should note that employees do not have to be employed for a minimum length of time prior to being granted a job-protected leave of absence under the law.
The Act states that employers must provide reasonable accommodations related to pregnancy, childbirth, or lactation. These may include the following:
- More frequent or longer breaks
- Assistance with manual labor
- Light-duty assignments
- Modified work schedules
- Break time and an appropriate facility (other than a bathroom) for expressing milk
In certain instances, an employer may be able to deny an accommodation that might cause an undue hardship. However, the employer must demonstrate that the accommodation would result in significant difficulty or expense for the employer’s business.
Employers should be aware that in addition to the posting requirement, a copy of the Pregnancy Discrimination and Accommodation in the Workplace notice must be given to:
- All existing employees by January 28, 2018
- An existing employee within 10 days after she notifies her employer of her pregnancy or a related condition
- New employees upon commencement of employment
Let Us Help You Stay in Compliance
If you order our OneSystem 1-Year Compliance Plan, you will automatically receive the updated Connecticut poster as soon as it becomes available. And because we provide free updates for mandatory changes, no matter how many occur during the year, you can count on us to keep you in compliance!