Delivering Fairness: Ending Discrimination Against Pregnant Women and Moms at Work

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Alabama

No additional state law protections.

Alaska

State pregnancy accommodation law applies to public employees only.

Pregnant employees:
Public employers must provide reasonable temporary transfers to pregnant workers.
ALASKA STAT. § 39.20.520 (2013).

State law banning pregnancy discrimination:

Alaska's Human Rights Law prohibits employers from discriminating on the basis of pregnancy.
ALASKA STAT. § 18.80.220 (2013).

Arizona

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Although Arizona's Civil Rights Act does not specifically prevent discrimination on the basis of pregnancy, it has been interpreted to prohibit pregnancy discrimination.
41 ARIZ. REV. STAT. 1461, 1463 (b) et seq. (2013) (interpreted in dicta to include pregnancy discrimination in Lespron v. Tutor Time Learning Center, LLC, 2012 WL 135978 at *4 (D. Ariz. 2012)).

Arkansas

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
The Arkansas Civil Rights Act includes discrimination against those with pregnancy and childbirth-related conditions as gender discrimination, which is prohibited.
A.C.A. § 16-123-102 (2012).

Breastfeeding employees:
An employer shall provide reasonable break time for an employee to express her breast milk.
An employer shall make a reasonable effort to provide a private, secure and sanitary location, other than a toilet stall, where an employee can express her breast milk.
ARK. CODE § 11-5-116 (b) (1) (2009).

California

Both breastfeeding and pregnancy accommodation laws.

Pregnant employees:
An employer must reasonably temporarily transfer an employee with a pregnancy-related condition to a "less strenuous or hazardous position," provide reasonable accommodation, and provide reasonable unpaid leave (up to 4 months).
CAL. GOV'T CODE § 12945 (2012).

State law banning pregnancy discrimination in employment:

California law defines sex discrimination as inclusive of pregnancy.
CAL. GOV'T CODE § 12926 (q) (1) (2012).

An employer shall make reasonable efforts to allow an employee to take a break in a private room, other than a toilet stall, to express her milk.
CAL. LAB. CODE § 1030-33.

Breastfeeding employees:

An employer shall make reasonable efforts to allow an employee to take a break in a private room, other than a toilet stall, to express her milk.

Breastfeeding in San Francisco:

Employers in San Francisco are required to provide a lactation location with access to electricity, other than a bathroom and an access to a refrigerator and sink in close proximity to the employee’s work area. The ordinance “requires every employer to maintain a written lactation accommodation policy” and recordkeeping obligations. However, the employer may be exempt if it imposes an undue hardship on them. Lactation in the Workplace Rules released on April 30, 2018)

Colorado

Both breastfeeding and pregnancy accommodation laws.

State law banning pregnancy discrimination in employment:
The Colorado Supreme court has interpreted its prohibition against sex discrimination to also prohibit pregnancy discrimination.
COLO. REV. STAT. § 24-34-402 (2012) (interpreted to prohibit pregnancy discrimination in Colorado Civil Rights Com'n v. Travelers Ins. Co., 759 P.2d 1358, 1361-65 (Colo. 1988) (en banc)).

Breastfeeding employees:

An employer shall provide reasonable break time for an employee to express breast milk for her nursing child for up to two years after the child's birth. An employer shall make reasonable efforts to provide a place, other than a toilet stall, for the employee to express breast milk in privacy.
COLO. REV. STAT. § 8-13.5-104.
Equal Rights Amendment, C. R. S. A. Const. Art. 2, § 29.

An employer must provide reasonable accommodations to applicants or employees so that they can perform essential functions of the job for health conditions related to pregnancy or the physical recovery from childbirth.
H.B. 16-1438, to be codified at Colo. Rev. Stat. § 24-34-401, 402.3.

Connecticut

Both breastfeeding and pregnancy accommodation laws.

Pregnant employees:
An employer must "make 'reasonable effort to transfer a pregnant employee to any suitable temporary position' if the employee reasonably believes that continued employment in her position might cause injury to the employee or fetus. An employer must provide a pregnant employee with a notice of the right to transfer. An employer must provide reasonable unpaid leave to an employee for pregnancy-related conditions.
CONN. GEN. STAT. § 46a-60.

State law banning pregnancy discrimination in employment:
Connecticut's Human Rights and Opportunities Statute defines sex discrimination as inclusive of pregnancy discrimination.
CONN. GEN. STAT. § 46a-51¶ 17

An Act Concerning Pregnant Women in the Workplace” provides definitions for pregnancy, reasonable accommodation and undue hardship. Some of the enhancements to existing protections include making it unlawful for an employer to:

  • “Limit, segregate or classify the pregnant employee in a way that would deprive her of employment opportunities due to her pregnancy;
  • Force an employee or job applicant affected by pregnancy to accept a reasonable accommodation if she (i) does not have known limitation related to her pregnancy, or (ii) does not require a reasonable accommodation to perform the essential duties related to her employment;
  • Require an employee to take a leave of absence if a reasonable accommodation can be provided in lieu of the leave; and
  • Retaliate against an employee in the terms, conditions or privileges of her employment based upon the employee’s request for a reasonable accommodation.”

(July 6, 2017; effective October 1, 2017)

Breastfeeding employees:
An employer must provide a reasonable amount of time each day for an employee to express breast milk for her child in a private location other than a toilet stall.
CONN. GEN. STAT. § 31-40w (2012).

Delaware

Both breastfeeding and pregnancy accommodation laws.

State law prohibits pregnancy discrimination in employment:
The Delaware prohibition against employment discrimination includes pregnancy as a part of sex discrimination, making pregnancy discrimination illegal. Employers must make reasonable accommodations related to the pregnancy, unless the employer can demonstrate that the accommodation would impose an undue hardship. Reasonable accommodations may include light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, and time off to recover from childbirth. Employers must treat employees and applicants for employment known to be affected by pregnancy as well as the employer treats or would treat any other employee or applicant not so affected but similar in the ability or inability to work, without regard to the source of any condition affecting the other employee or applicant ability or inability to work.

Senate Bill No. 212, An Act to Amend Title 19 of the Delaware Code Relating to Pregnancy and Employment.

Breastfeeding Employees:

Reasonable accommodations under the state prohibition against pregnancy discrimination may include break time and appropriate facilities for expressing breast milk. Senate Bill No. 212, An Act to Amend Title 19 of the Delaware Code Relating to Pregnancy and Employment.

District of Columbia

Both breastfeeding and pregnancy accommodation laws.

Pregnant employees:
Employers must treat employees affected by pregnancy or related medical conditions the same way that they treat other temporarily disabled employees for all employment-related purposes, including benefits.
D.C. Code § 2-1401.05 (2007).

An employer is required to provide reasonable workplace accommodations for workers whose ability to perform the functions of a job is limited by pregnancy, childbirth, a related medical condition, or breastfeeding. "Reasonable accommodation" means an accommodation that does not cause undue hardship in the operation of the employer's business that an employer can make for an employee whose ability to perform the functions of the employee's job are affected by pregnancy, childbirth, a related medical condition, or breastfeeding, including more frequent or longer breaks; time off to recover from childbirth; the acquisition or modification of equipment or seating; the temporary transfer to a less strenuous or hazardous position or other job restructuring such as providing light duty or a modified work schedule; having the employee refrain from heavy lifting; relocating the employee's work area; or providing private non-bathroom space for expressing breast milk. An employer shall not: take an adverse action against an employee who requests or uses a reasonable accommodation in regard to the employee's conditions or privileges of employment
Protecting Pregnant Workers Fairness Act of 2014, Act 20-458, Council of the District of Columbia, published 10/31/2014 in D.C. Register Vol. 61/45

Breastfeeding employees:
An employee shall provide reasonable daily unpaid break periods, as required by the employee, to express breast milk.
An employer shall make reasonable efforts to provide a sanitary room or other location, other than a bathroom or toilet stall, where an employee can express her breast milk in privacy and security. The location may include a childcare facility in close proximity to the employee's work location.
D.C. Code §§ 2-1401.05, 2-1402.82 (2007); D.C. MUN. REGS. tit. 4, § 518, 518.5 (2009).

Florida

Other state-level pregnancy protections may apply.

Florida State law banning pregnancy discrimination in employment:
The Florida Civil Rights Act was amended to prohibit discrimination on the basis of pregnancy in public lodging and food service establishments and in places of public accommodation; prohibiting employment discrimination on the basis of pregnancy; prohibiting discrimination on the basis of pregnancy by labor organizations, joint labor-management committees, employment agencies, and in occupational licensing, certification, and membership organizations, etc. SB 982 (effective 07/01/2015)

Georgia

No additional state law protections for pregnancy accommodation. State breastfeeding law.

Breastfeeding employees:
An employer may provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. An employer may make reasonable efforts to provide a private location, other than a toilet stall, in close proximity to the workplace, where the employee can express her milk in privacy. The employer is not required to provide break time if to do so would unduly disrupt the workplace operations.
GA. CODE § 34-1-6 (2012).

Hawaii

Both breastfeeding and pregnancy accommodation laws.

Pregnant employees:
An employer shall make every reasonable accommodation for a pregnant employee, an employee with disability due to childbirth, or an employee with related medical conditions. Employers must provide reasonable unpaid leave to workers with pregnancy-related disabilities.
HAW. CODE R. § 12-46-107.

State law banning pregnancy discrimination:
In Hawaii, pregnancy discrimination is considered sex discrimination, and is illegal.
HAW. REV. STAT. § 378-1 et seq.

Breastfeeding employees:
Employees must be allowed to express breast milk during a break period. The employer shall provide a location, other than the restroom, that is shielded from view and free from intrusion that may be used by an employee to express breast milk.
HAW. REV. STAT. § 378-92 (a)(1) (2013)

Employers cannot discriminate against an employee because she expresses milk at the workplace.
HAW. REV. STAT. § 378-2(7) (2011).

Idaho

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
State law does not specifically prohibit pregnancy discrimination, but Idaho's Human Rights Act has been interpreted to include pregnancy discrimination.
IDAHO CODE § 67-5909 (2013) (implied to include pregnancy discrimination in Stanley v. U.S. Bank Nat'l Ass'n, 2012 WL 3201934 at *4 (D. Idaho 2012)).

Illinois

Both breastfeeding and pregnancy accommodation laws.

Pregnant employees:
Employers are required to provide reasonable accommodations, such as, but not limited to, light duty, temporary transfer, and leave, unless employer can demonstrate undue hardship. H.B. 0008 (2014)

State law banning pregnancy discrimination in employment: Employers cannot discriminate on the basis of pregnancy. 775 ILL. COMP. STAT. Ǡ5/2-102(H) (2011); H.B. 0008 (2014).

Breastfeeding employees:
Employers must provide a private non-bathroom space for expressing breast milk and breastfeeding. H.B. 0008 (2014).

Indiana

Breastfeeding law and other state-level pregnancy protections may apply.

Pregnant employees:

Indiana administrative law makes clear that "[t]erminating a female employee because she is pregnant...is a discriminatory practice under the ICRL." Megan Harney v. Red Apple Restaurant, 2009 WL 8490600, at *4.

State or political employees:
Employers must provide reasonable paid breaks for an employee to express breast milk in a private location other than a toilet stall. These employers must make reasonable efforts to provide a refrigerator to store breast milk that has been expressed at work.
IND. CODE. § 5-10-6-2 (2008).

Employees working for an employer with twenty-five employees or more:
An employer with twenty-five employees or more must make reasonable efforts to provide an employee with a private location, other than a toilet stall, where the employee can express her breast milk. If possible, the employer also needs to provide a refrigerator for storing breast milk expressed at work.
IND. CODE § 22-2-14-1 to 22-2-14-2 (2008).

Iowa

State pregnancy accommodation law.

State law banning pregnancy discrimination in employment:
Iowa's Civil Rights Act prohibits discrimination based on pregnancy.
IOWA CODE § 216.6(2) (2013).

If a reasonable accommodation is necessary to allow the pregnant employee to perform the essential functions of her position, the employer must provide such an accommodation unless it would pose an undue hardship.
(Binding Order of the Iowa Civil Rights Commission, Latham v. ABCM Corporation, CP# 12-10-60032, DIA No. 12ICRC002, January 24, 2013).

Kansas

Other state-level pregnancy protections may apply.

The Kansas Human Rights Commission interprets the prohibition on sex discrimination contained in the Kansas Acts Against Discrimination as prohibiting pregnancy discrimination. This law applies to all employers with 4 or more employees, except non-profit fraternal and social organizations.
Kan. Stat. Ann. § 44-1009, Kan. Admin. Regs. § 21-32-6.

Kentucky

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Kentucky's Civil Rights Act defines pregnancy and childbirth discrimination as sex discrimination, therefore prohibiting it.
KY. REV. STAT. § 344.030 (8).

Louisiana

State pregnancy accommodation law.

Pregnant employees:
Employers must provide "reasonable temporary transfers to pregnant employees to a 'less strenuous or hazardous position.' Employers must provide reasonable unpaid leave for an employee with a pregnancy-related condition (up to 4 months).
LA. REV. STAT. § 23: 342 (effective 1997).

State law banning pregnancy discrimination in employment:
It is prohibited by Louisiana's anti-discrimination statute for an employer to discriminate based on pregnancy, childbirth, or a related medical condition.
LA. REV. STAT. § 23: 342 (1997).

Maine

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Maine's Human Rights Act defines pregnancy discrimination as part of sex discrimination, therefore, it is prohibited.
ME. REV. STAT. tit. 5, § 4572-A.

Breastfeeding employees:
An employer must provide adequate unpaid or paid break time for an employee to express breast milk for up to three years following childbirth. An employer must make reasonable efforts to provide a clean, private location, other than a bathroom, for an employee to express breast milk. An employer may not discriminate against an employee who chooses to express breast milk in the workplace.
ME. REV. STAT. tit. 26 § 604 (effective 2009).

Maryland

State pregnancy accommodation law.

Pregnant employees:
An employer is required to make reasonable accommodations through "all possible means" (including leave) for an employee with conditions that result from pregnancy or childbirth. Employers must inform pregnant employees of their right to accommodation.
MD. CODE STATE GOV'T § 20-609 (2013).

State law banning pregnancy discrimination in employment:
While Maryland's statute does not explicitly include pregnancy discrimination, Maryland courts have interpreted it to prohibit pregnancy discrimination as a form of sex discrimination.
MD. CODE § 20-606 (2013) (interpreted to prohibit pregnancy discrimination in Kerrigan v. Magnum Entertainment, 804 F.Supp. 733, 734 (D. Maryland 1992)).

Massachusetts

Both breastfeeding and pregnancy accommodation laws.

Pregnant Employees:

Employers cannot deny pregnant women and new mothers reasonable accommodation for their pregnancies and any conditions related to their pregnancies, regardless of whether the pregnancies or related conditions constitute disabilities under existing federal or state discrimination law.

Massachusetts Pregnant Workers Fairness Act (Effective April 1, 2018)

State law banning pregnancy discrimination in employment:
The Massachusetts general anti-discrimination statute has been interpreted to include pregnancy discrimination as a form of sex discrimination, which is prohibited.
MASS.GEN. LAWS ch. 151B § 1 et seq. See Black v. School Committee of Malden, 310 N.E.2d 330, 338-39 (Mass. 1974).

Breastfeeding Employees:

Employers need to provide reasonable accommodation for an employee affected by a condition related to pregnancy, included but not limited to lactation or the need to express breast milk to a nursing child. It also provides the opportunity for an employee to “take a leave if another reasonable accommodation may be provided for the known conditions including but not limited to lactation without undue hardship on the employer’s program”.

Massachusetts Pregnant Workers Fairness Act (Effective April 1, 2018)

Michigan

Other state-level pregnancy protections may apply.

Pregnant employees:
Employers are required to provide equal treatment for pregnancy or childbirth-related medical conditions and non-pregnancy-related work abilities, regardless of the source of the non-pregnant worker's injury.
MICH. COMP. LAWS §37.2202(d) (2009).

State law banning pregnancy discrimination:
The Michigan anti-discrimination statute defines pregnancy or childbirth-related discrimination as sex discrimination and is therefore prohibited.
MICH. COMP. LAWS § 37.2201.

Minnesota

Both breastfeeding and pregnancy accommodation laws.

State law banning pregnancy discrimination in employment:
The Minnesota Women Economic Security Act prohibits pregnancy discrimination and requires employers to provide reasonable accommodations for health conditions related to pregnancy or childbirth. These may include, but are not limited to, temporary transfer to a less strenuous or hazardous position, seating, frequent restroom breaks, and limits to heavy lifting, as long as such accommodations do not cause "undue hardship" to the employer. A pregnant employee shall not be required to obtain the advice of her licensed health care provider or certified doula, or to take leave or accept an accommodation, nor may an employer claim undue hardship for the following accommodations: more frequent restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds.
Women Economic Security Act (2014)

Breastfeeding:
The employer must make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from view and free from intrusion from coworkers and the public and that includes access to an electrical outlet, where the employee can express her milk in privacy. An employer is not required to provide break time under this section if to do so would unduly disrupt the operations of the employer.
Women Economic Security Act (2014)

Mississippi

No additional state law protections for pregnancy accommodation. State breastfeeding law.

Breastfeeding employees:
An employer cannot discriminate against a breastfeeding employee who uses lawful break time to express breast milk.
MISS. CODE § 71-1-55.

Missouri

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Although Missouri's Human Rights Act does not explicitly protect against pregnancy discrimination, courts have interpreted its prohibition of sex discrimination to cover pregnancy discrimination as well. Additionally, under Missouri state regulations, a written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy may be justified only upon showing of business necessity.
See Self v. Midwest Orthopedics Foot & Ankle, P.C., 272 S.W.3d 364, 368-71 (Mo. Ct. App., 2008). MO. STAT. § 213.055; MO.Code Regs. tit.8, § 60-3.040(16).

Montana

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Montana's Human Rights Act prohibits either discrimination based on pregnancy or refusal on behalf of employers to grant a reasonable leave of absence for a pregnant worker.
MONT. CODE tit. 49 § 2-310 (2009).

Breastfeeding employees:
An employer must not discriminate against breastfeeding employees. An employer is required to provide daily unpaid break time for a mother to express breast milk for her infant child in a private location, other than a toilet stall, in close proximity to the workplace.
MONT. CODE §§ 39-2-215, 39-2-216

Nebraska

Both breastfeeding and pregnancy accommodation laws.

Accommodations for pregnant and breastfeeding workers:
In April 2015, the Act was amended to clarify that the bill's protections reach individuals who seek accommodation because of conditions or complications arising out of or intrinsically related to pregnancy, in addition to those who see accommodation out of medical needs arising from pregnancy itself. Reasonable accommodation, with respect to pregnancy, childbirth, or related medical conditions, shall include acquisition of equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light-duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth, or break time and appropriate facilities for breastfeeding or expressing breast milk. L.B. 627 (approved by Governor on April 13, 2015; effective July 13, 2015)

State law banning pregnancy discrimination in employment:
Under the Nebraska Fair Employment Practices Act, employers must treat women who are pregnant or have pregnancy or childbirth-related conditions similar to other persons similar in their ability or inability to work. This also covers medical complications that arise from abortion.
NEB. REV. STAT. § 48-1111 (2).

Nevada

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
The state anti-discrimination statute provides that if employers grant any kind of leave to non-pregnant temporarily disabled workers (unpaid or paid), they must grant the same kind of leave to pregnant workers to use while pregnant, after giving birth, or "natural[ly] miscarrying."
NEV. REV. STAT. 613.335.

The Nevada legislature passed and on June 17, 2017, the governor signed into law the Nevada Pregnant Workers Fairness Act. The construction/contractor exceptions remained in the law.

New Hampshire

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Employers are to provide pregnant workers or workers affected by pregnancy or childbirth equal accommodations to those who are affected by other temporary disabilities.
N.H. REV. STAT. § 354-A:7 VI (2013).

New Jersey

Both breastfeeding and pregnancy accommodation laws.

State law banning pregnancy discrimination in employment:
The New Jersey anti-discrimination statute prohibits pregnancy discrimination and requires employers to provide "reasonable accommodations to pregnant women and those who suffer medical conditions related to pregnancy and childbirth, such as bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work", as long as such accommodations do not cause "undue hardship".
N.J. STAT. §§ 10:5-3.1, 10:5-12 (Effective January 17, 2014).

Breastfeeding Employees:

Employers must allow breaks during the day for women to express milk or breastfeed, and a private room to do it. The private space cannot be a toilet stall, and should be located close to the work area. Employers do not have to pay women while they are breastfeeding or expressing milk, unless they already receive compensation during their breaks. NJ AB 2294 (Signed by Governor and effective immediately as of January 8, 2018)

New Mexico

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Employers cannot discriminate against pregnant women as part of the prohibition on sex discrimination.
N.M. STAT. § 28-1-7; N.M. Admin. Code § 9.1.1.7 (HH).

Breastfeeding employees:
An employer is required to provide breaks to an employee to express breast milk in a clean, private location that is not a bathroom. Breaks do not have to be paid.
N.M. STAT. § 28-20-2 (Effective June 15, 2007).

New York

Both breastfeeding and pregnancy accommodation laws.

All employers with four or more employees must provide reasonable accommodations for an applicant's or employee’s medical condition related to her pregnancy or childbirth if that condition inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques. The employer is required to provide an accommodation so long as doing so would not impose an undue hardship.

Pregnant Employees:
Employers cannot compel workers to take a leave absence, unless the pregnancy is preventing the employee from performing her duties in a reasonable manner. N.Y. EXEC. LAW Ǡ296(g) (Effective October 31, 2010).

State law banning pregnancy discrimination in employment:
Pregnancy discrimination is prohibited. N.Y. EXEC. LAW Ǡ296 (interpreted to include pregnancy discrimination in Elaine W. v. Joint Diseases N. Gen. Hosp., Inc., 81 N.Y.2d 211, 613 N.E.2d 523 (1993) and Malena v. Victoria Secret Direct, LLC, 886 F.Supp.2d 349, 357 (S.D.N.Y. 2012)).

Reasonable accommodations must be provided for pregnancy-related conditions in New York City. Women Equality Act, S. 12032-02-3(I) (2013). New York City Pregnant Worker's Fairness Act, Int. No. 974-A, amending NYC Code § 8-107 (Jan. 30, 2014).

Breastfeeding Employees:
Reasonable, unpaid breaks must be provided to breastfeeding employees to express milk in a private location. An employer cannot discriminate against an employee who chooses to express breast milk in the workplace. N.Y. LAB. LAW Ǡ206-c (Effective August 15, 2007).

North Carolina

No additional state law protections.

North Dakota

Both breastfeeding and pregnancy accommodation laws.

North Dakota includes pregnancy under sex discrimination in its human rights law, therefore prohibiting it. N.D. CENT. CODE Ch. 14-02.4-02(18) (2011).
On April 6, 2015, the North Dakota Governor signed into law an Act to amend section 14-02.4-03 of the North Dakota Century Code, making it a discriminatory practice for an employer to fail or refuse to make reasonable accommodations for an otherwise qualified person individual because that individual is pregnant.

An employer is not required to provide an accommodation that would disrupt or interfere with the employer's normal business operations; threaten an individual's health or safety; contradict a business necessity of the employer; or impose an undue hardship on the employer, taking into consideration the size of the employer's business, the type of business, the financial resources of the employer, and the estimated cost and extent of the accommodation. N.D. CENT. CODE Ch. 14-02.4-03. H. B. No. 1463 (2015).

Breastfeeding Employees:

An employer is required to adopt a workplace breast-feeding policy that allows for accommodation to lactating employees that includes a flexible work schedule for expression of breast milk; a convenient, sanitary and private lactation location other than restroom; a convenient and safe water source; and a convenient hygienic refrigerator for temporary storage of the milk.

(N.D. Cent. Code § 23-12-17)

Ohio

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Ohio specifically prohibits pregnancy discrimination as a form of sex discrimination it its anti-discrimination statute.
OHIO REV. CODE § 4112.01 (B) (2013).

Oklahoma

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
The Oklahoma Anti-Discrimination Act defines pregnancy discrimination as sex discrimination, which makes pregnancy discrimination illegal.
OKLA. STAT. tit. 25, § 1301 (6).

Breastfeeding employees:
An employer must provide reasonable unpaid break time (running concurrently with existing breaks, if possible) for an employee to express breast milk in a private location other than a bathroom.

“An employer may provide reasonable unpaid break time each day to an employee who needs to breast-feed or express breast milk for her child to maintain milk supply and comfort. The break time, if possible, shall run concurrently with any break time, paid or unpaid, already provided to the employee. An employer is not required to provide break time under this section if to do so would create an undue hardship on the operations of the employer.
An employer may make a reasonable effort to provide a private, secure, and sanitary room or other location in close proximity to the work area, other than a toilet stall, where an employee can express her milk or breast-feed her child.”
OKLA. STAT. tit. 40, § 435 (A-B) (eff. Nov. 1, 2006).

Oregon

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination:
The Oregon prohibition against employment discrimination includes pregnancy as a part of sex discrimination, making pregnancy discrimination illegal.
OR. REV. STAT. § 659A.029.

Breastfeeding employees:
An employer must make reasonable efforts to provide employees with a 30-minute unpaid break to express milk for every four-hour shift (concurrent with other breaks if possible) in a private location other than a toilet stall.
OR. REV. STAT. § 653.077.

Pennsylvania

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Pennsylvania law prohibits employers from having a "written or unwritten employment policy or practice" that excludes pregnant women from being employed."
16 PA. CODE § 41.102 (adopted May 17, 1975).
ERA Provision prohibits the "denial or abridgement of equality of rights" based on sex.
PA Const. art. 1 § 28 (adopted May 18, 1971).
 

Pregnancy Accommodations in Philadelphia:
Philadelphia Pregnant Workers Fairness Act, Bill No. 130687, amending Phila. Code Ch. 9-1100, effective Jan. 20 2014, states that "it shall be unlawful to deny or interfere with employment opportunities... based upon sex (including pregnancy, childbirth, or a related medical condition)"

Pregnancy Accommodation in Pittsburgh:
Pittsburgh defines sex discrimination by ordinance to include pregnancy discrimination and an ordinance that forces contractors for the city with contracts of at least two hundred and fifty thousand dollars to provide its pregnant employees with reasonable accommodations (see Pittsburgh, Pa. Code § 659.02; § 161.44)(1979).

Breastfeeding Allowance in Philadelphia:
Philadelphia’s Fair Practices Ordinance treats an employer's failure to reasonably accommodate an individual's need to express breast milk as unlawful employment discrimination. (Phila., Pa., Code § 9-1103)(m). The Act further defines reasonable accommodation to include "providing unpaid break time or allowing an employee to use paid break, mealtime, or both, to express milk and providing a private sanitary space that is not a bathroom where an employee can express breast milk so long as these requirements do not impose an undue hardship." (Id at § 9-1103)(m)(i).

Rhode Island

Both breastfeeding and pregnancy accommodation laws.

State law banning pregnancy discrimination in employment:
Because pregnancy discrimination is included under sex discrimination under Rhode Island's Fair Employment Practices Act, it is illegal.
R.I. GEN. LAWS § 28-5-6(2) (2009).

State law granting reasonable accommodations for pregnancy:
State law prohibits any employer from denying reasonable accommodations for an employee's or applicant’s condition related to pregnancy, childbirth, or a related medical condition unless the employer can demonstrate that said accommodation would work an undue hardship. This law creates a rebuttable presumption that an accommodation would not pose an undue hardship upon the employer, provided that the employer gives similar accommodations to other employees. Employers may not discriminate against employees or applicants because of the need for such accommodations nor may they require an employee to take leave if another accommodation could allow them to continue working instead.

Local law granting pregnancy accommodations:
Central Falls:
reasonable accommodations for employees who have limitations in their ability to work arising out of pregnancy, childbirth, or related medical conditions. Gender Equity Ordinance (passed on April 14, 2014).
Providence: employers with seven or more employees must provide reasonable accommodations for conditions related to pregnancy, childbirth, and related medical conditions—including lactation—unless doing so would pose an undue hardship. Reasonable accommodations include seating, acquisition or modification of equipment, more frequent or longer breaks, temporary transfer to less strenuous or hazardous work, assistance with manual labor, job restructuring, light duty, modified work schedules, time off to recover from childbirth, break time, and a private, non-bathroom space for expressing breast milk. A worker cannot be forced to take leave if an accommodation that would allow them to work can be provided and would not impose an undue burden upon the employer. Employers must provide written notice of these rights. Providence, R.I., Code § 16-57.

Breastfeeding employees:
An employer must provide reasonable unpaid break time for employees to express breast milk (running concurrently with existing breaks, if possible) in a private location other than a bathroom.
R.I. Gen. Laws § 23-13.2-1 (2008).

South Carolina

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
The South Carolina Human Affairs Law prohibits pregnancy discrimination, as it is a form of sex discrimination.
S.C. CODE § 1-13-30(l) (1996).

South Dakota

No additional state law protections.

Tennessee

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination:
The Tennessee Human Rights Act has been interpreted to protect pregnant women against discrimination.
TENN. CODE § 4-21-401 (effective June 23, 2010). See Campbell v. Florida Steel Corp., 919 S.W.2d 26, 31 (Tenn. 1996) (holding that Tennessee courts can use Title VII analysis to interpret the THRA); Suits v. The Heil Co., 192 F. App. 399, 400 (6th Cir. 2006) (applying Campbell to pregnancy discrimination).
Some employees are eligible for up to four months of unpaid leave.
TENN. CODE § 4-21-408.

Breastfeeding employees:
An employer must provide daily unpaid break time for an employee to express breast milk for her infant child (running concurrently with existing breaks, if possible). An employer must make a reasonable effort to provide a private location other than a bathroom toilet stall for an employee to express breast milk or breastfeed.
TENN. CODE § 50-1-305 (Effective August 14, 2008).

Texas

State pregnancy accommodation law applies to public employees only.

Pregnant employees:
County and municipal employers must provide reasonable temporary transfers to employees "partially restricted by pregnancy."
TEX. LOC. GOV'T CODE §180.004 (Effective Sept. 1, 2001).

State law banning pregnancy discrimination:
The Texas anti-discrimination statute defines discrimination based on pregnancy and childbirth as sex discrimination, and is therefore prohibited.
TEX. LAB. CODE §21.106 (Effective Sept. 1, 1993).

Public employees:

Public employers are required to provide a lactation location other than a restroom for breastfeeding employees

TEX. LOC. GOV'T CODE §619 (Effective Sept. 1, 2015).

Utah

Both breastfeeding and pregnancy accommodation laws.

State law banning pregnancy discrimination:
On March 28, 2016 Utah governor Gary Herbert signed S.B. 59, a bill modifying provisions related to accommodations in the workplace. The bill added an obligation for public employers to accommodate breastfeeding women and provided for reasonable accommodations for all employees in private employment, taking into account the burden that would be placed on the employer. This law provides an affirmative obligation (absent undue hardship) for the employer to provide an accommodation related to pregnancy, childbirth, or breastfeeding, and prohibits an employer from terminating or denying opportunities to an employee unless the employer can demonstrate that failure to take these actions would prove to be an undue hardship for them.
Utah law prohibits discrimination based on pregnancy, childbirth, or pregnancy-related conditions.

UTAH CODE 34A-5-106 (2013).

Breastfeeding Employees:

State law encourages employers to recognize the benefits of nursing and to provide unpaid break time and appropriate spaces for expressing milk. 2012 UT House Joint Resolution 4.

Vermont

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Vermont House Bill 136 requires employers to provide reasonable accommodations for pregnant employees. Employer may be exempt if they can demonstrate it would cause undue hardship on the business.

(VT HB 136 Signed May 4, 2017 and Effective January 1, 2018).

The Vermont Fair Employment Practices Act has been interpreted to prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions.
21 V.S.A. § 495(a)(1). Lavalley v. E.B. & AC. Whiting Co., 692 A.2d 367 (Vt. 1997).

Breastfeeding employees:
An employer must provide reasonable break time throughout the day for nursing employees to express breast milk in a private location other than a bathroom stall.
VT. STAT. tit. 21 § 305 (Effective July 1, 2013).

Virginia

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination:
The Virginia Human Rights Act prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
VA. CODE § 2.2-3901 (2005).

Breastfeeding employees:

Employers with more than five but fewer than fifteen employees may not terminate a female employee on the basis of lactation.
Va. Code § 2.2-3903.

Washington State

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Washington’s Healthy Starts Act required employers with 15 or more employees to reasonably accommodate pregnant employees regardless of disability and specifies nine potential accommodations that the employer may need to provide a pregnant employee. Additionally, an employer may not request a written certification from a healthcare provider and cannot claim undue hardship to avoid providing accommodations.

(Effective July 23, 2017)

Under the Washington Law Against Discrimination, pregnancy discrimination is a form of sex discrimination, and prohibitions against pregnancy discrimination are in place to prevent employment policies that disproportionately affect women. Washington employers must treat pregnant workers the same way that they treat other workers who are temporarily disabled for purposes of providing leave.
WASH. ADMIN. CODE § 162-30-020 (2013)

A 2007 Washington Supreme Court decision clarified that pregnancy discrimination is based on sex, not disability. Therefore, pregnancy discrimination claims might be valid even if they would not be valid for other types of temporary discrimination. Hegwine v. Longview Fibre Co., Inc., 172 P.3d 688 (Wash. 2007).

Breastfeeding employees:

State law allows any employer (governmental or private) to use the designation “infant-friendly” on promotional materials provided that employer implements policies and environment that facilitate pumping in the workplace.

Employers can, but are not required to, earn an "infant friendly" designation by meeting certain criteria discussed in WASH. REV. CODE § 43.70.640

West Virginia

State pregnancy accommodation law.

Pregnant employees:
An employer must make reasonable accommodations for the "known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, following delivery by the applicant or employee of written documentation from the applicant's or employee's health care provider that specifies the applicant's or employee's limitations and suggesting what accommodations would address those limitations."
W. VA. CODE § 5-11B-2 (effective June 4, 2014).

State law banning pregnancy discrimination:
West Virginia's Supreme Court has interpreted the state's Human Rights Commission to prohibit pregnancy discrimination, as it is a form of sex discrimination.
W. VA. CODE § 5-11-9. (Interpreted to prohibit pregnancy discrimination in Frank's Shoe Store v. W. Virginia Human Rights Comm'n, 365 S.E.2d 251, 257 (W. Va.1986).

Wisconsin

Other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Wisconsin's Fair Employment Act prohibits discrimination based on pregnancy.
WIS. STAT. § 111.36 (c).

Wyoming

Breastfeeding law and other state-level pregnancy protections may apply.

State law banning pregnancy discrimination in employment:
Wyoming's Fair Employment Practices Act prohibits discrimination based on pregnancy.
WYO. STAT. § 27-9-105 (a).

Breastfeeding employees:

Wyoming encourages breastfeeding and highlights the salutary effects of breastfeeding on the health of the child and of the mother via Wyoming House Joint Resolution 5. This Joint Resolution also commends employers who provide accommodations to breastfeeding mothers.

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