New York City’s mayor has amended the Human Rights Law expanding protections against discrimination for pregnant employees. The amendment broadens pregnancy protections beyond accommodation as a disability. It requires employers to provide reasonable accommodation to an employee based on the needs of her pregnancy, childbirth or related medical condition. The amendment is effective January 30, 2014. Some important details about this recent development are outlined below in greater detail.
Reasonable Accommodation
The “reasonable accommodation” portion of the amendment must enable the employee to perform her essential job requirements without causing undue hardship to the employer. Considerations for what is reasonable might include evaluating employer costs, size of workforce, financial resources in relation to overall expenses and the effect accommodations would have on those expenses and resources, as well as, the effect on operations company-wide.
Employer Notice Requirements
New York’s Commission on Human Rights is responsible for publishing a notice outlining employee rights which employers must both distribute and post in the workplace. Specifically, by January 30, 2014, the written notice must be provided to new employees upon hiring. Then, no later than May 30, 2014, employers must provide the written notice to existing employees. Finally, effective January 1, 2014, official notice must be conspicuously posted in the workplace for employees to view. Additionally, employers must address workplace & accommodation policies and employee handbooks to ensure compliance with the law.
Compliance Poster Company’s Research & Compliance Team is in the process of producing the official poster(s) which will ship well in advance of the effective date, keeping business partners in full compliance.