New Pregnancy Accommodation Law for Employees in Nevada

On June 2, 2017, Nevada passed the Pregnant Workers’ Fairness Act. The law goes into effect on October 1, 2017; however, the workplace notice requirement went into effect on June 2, when the law was signed by the governor.

The Nevada Equal Rights Commission just released the new notice, so we are working hard to get the updated Nevada poster to our customers as soon as possible.

Protections Under the New Law

The Nevada Pregnant Workers’ Fairness Act gives employees the right to be free from discriminatory or unlawful employment practices based on pregnancy, childbirth, or related medical conditions. Employers must treat employees and applicants for employment who are affected by any of these conditions the same as other employees and applicants who have similar abilities or limitations.

The Act covers all aspects of employment, including hiring, firing, promoting, and providing benefits.

What Employers Need to Know

It is unlawful for an employer to deny a reasonable accommodation to female employees and applicants, upon request, for a condition related to pregnancy, childbirth, or a related medical condition—unless this accommodation would impose an undue hardship on the employer’s business.

Employers may not take adverse employment actions against a female employee for requesting or using a reasonable accommodation.

In addition, employers may not deny an employment opportunity to a qualified female employee or applicant based on a need for a reasonable accommodation.

The list of unlawful practices mentioned on the notice concludes with the following information: employers may not require a female employee or applicant to accept an accommodation that the employee or applicant didn’t request or doesn’t want to accept, or to take leave from employment if an accommodation is available.

Written Notice and Posting Requirements

The law includes a three-tiered notice requirement. First, the employer must provide a written or electronic notice to a new employee, at the time of hire, stating that the employee has the right to be free from discriminatory or unlawful employment practices. This notice must also state that a female employee has the right to a reasonable accommodation for a condition related to pregnancy, childbirth, or a related medical condition.

Next, the employer must provide the notice again within 10 days after an employee notifies the employer that she is pregnant.

Last, the employer is required to post the notice in a conspicuous place at the employer’s place of business, in a location that is accessible to all employees.

We Can Help You Stay in Compliance

If you order our OneSystem 1-Year Compliance Plan, you will automatically receive the updated Nevada 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!