The states of Vermont and Washington recently enacted laws requiring private-sector employers to reasonably accommodate pregnant workers. By our count, there are now 18 states (as well as the District of Columbia) that have such laws in place.
Although current federal law prohibits pregnancy-based discrimination and mandates workplace reasonable accommodations for pregnancy-related disabilities, there is no requirement to provide an accommodation to a pregnant employee simply on the basis of her pregnancy.
As Congress has not enacted federal legislation requiring employers to offer pregnancy-based accommodations, the states have taken the lead in providing additional protections to pregnant workers.
NT Lakis attorneys have created a guide that briefly summarizes features common to the 18 state pregnancy accommodation laws directed at private employers that we are aware of, as well as the District of Columbia. A brief state-by-state summary of each law is also available here.
Please note that the information presented is up to date and accurate to the best of our knowledge. That said, each state law has unique aspects that may not be covered by our guide. In addition, new developments can occur quickly at the state level. Therefore, employers are advised to check the law of the relevant state and consult with counsel if a compliance question arises.
Members of the Equal Employment Advisory Council (EEAC) can read more here.