Overview: Oregon has enacted legislation (House Bill 2341) that will require employers to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions to applicants and employees. House Bill 2341 takes effect January 1, 2020.
Details:
Covered Employers:
House Bill 2341 applies to employers with six or more employees.
Reasonable Accommodations:
House Bill 2341 prohibits covered employers from failing or refusing to make reasonable accommodations for known limitations related to pregnancy, childbirth, or a related medical condition, including lactation, unless doing so would impose an undue hardship on the employer.
For purposes of the law, an undue hardship exists if it requires significant difficulty or expense (considering the factors provided in ORS 659A.121 (2)).
Under the law, reasonable accommodations include:
· Acquisition or modification of equipment or devices;
· More frequent or longer break periods or periodic rest;
· Assistance with manual labor; or
· Modification of work schedules or job assignments.
Additional Protections:
Employers are also prohibited from engaging in the following conduct with respect to pregnancy, childbirth, or a related medical condition:
· Denying employment opportunities to an applicant or employee if the denial is based on the employer’s need to make a reasonable accommodation.
· Taking an adverse employment action against an applicant or an employee because they inquired about, requested, or used a reasonable accommodation.
· Requiring an applicant or an employee to accept a reasonable accommodation that is unnecessary for them to perform the essential duties of the job or to accept a reasonable accommodation if they don’t have a known limitation.
· Require an employee to take family leave under state law, or any other leave, if the employer can make a reasonable accommodation.
Notice Requirements:
Covered employers must post notices informing employees of their rights under the law. The notices must be posted in a conspicuous and accessible location in or about the premises where employees work.
In addition to posting the notice, covered employers must provide a copy to:
· New employees, at the time of hire;
· Existing employees, within 180 days of the effective date of the law; and
· Employees who inform the employer of their pregnancy, within 10 days.
Action Required: Oregon employers with six or more employees should review policies, procedures, and supervisor training to ensure compliance with House Bill 2341. The state is expected to publish a model notice that employers can use to comply with the notice requirements.
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This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.