On June 2, 2017, Nevada Governor Sandoval signed the Pregnant Workers Fairness Act (SB 253) to provide additional employment-related protections for pregnant employees. Both for-profit and non-profit employers and state and local governments employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year are subject to this law.
Generally, the law provides employment protections to pregnant workers. Specifically, the following are considered to be an unlawful employment practice:
- Refusing to provide a reasonable accommodation to a female employee or applicant for a condition relating to pregnancy, childbirth or a related medical condition;
- Taking an adverse action or denying an employment opportunity to an otherwise qualified female employee or applicant due to her request or use of a reasonable accommodation; and
- Requiring a female employee or applicant to accept an accommodation or take leave from employment.
An employer and employee must engage in a timely, good faith and interactive process when a reasonable accommodation is requested. Some examples of a reasonable accommodation include providing a different seat, revising break schedules, providing space in an area other than a bathroom that may be used for expressing breast milk, providing assistance with manual labor; authorizing light duty; temporarily transferring to a less strenuous position, or providing a modified work schedule.
The law provides for three distinct notice obligations. The employer must:
- Post a required notice in the workplace in a conspicuous place at their business locations, in an area that is accessible to employees;
- Provide all new employees with a notice at the beginning of employment; and
- Provide a notice to any employee, within 10 days, after the employee informs her immediate supervisor that she is pregnant.
The notice may be provided to employees electronically or in writing, and it must state that the employee has the right to be free from discriminatory or unlawful employment practices due to pregnancy, childbirth, or related medical conditions and that a female employee has the right to a reasonable accommodation for a condition relating to pregnancy, childbirth, or a related medical condition.
While the law does not take effect until October 1, 2017, employers are required to post a notice of the benefit in their workplace beginning June 2, 2017. Thus far, the State has not developed a model notice.
The information contained in this article is provided as general guidance and may be affected by changes in law or regulation. This article is not intended to replace or substitute for accounting or other professional advice. Please consult a CBIZ professional. This information is provided as-is with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.