Nevada Legislature Passes New Employment Law For Pregnant WorkersÂWho Is Protected by the Act?First, it is important to understand that this Act does not just cover pregnant female employees and applicants. It also covers female employees and applicants who are suffering from a condition "relating to pregnancy, childbirth or a related medical condition." Under this language, the Act expressly covers:
What Does the Act Prohibit? Except for specified exceptions, it is unlawful for an employer to do the following:
What Does the Act Require? If a female employee requests an accommodation for a condition covered by the Act, she and the employer must engage in an interactive, timely, and good faith process to determine an effective, reasonable accommodation. If a physician recommends a specific accommodation, the employer may request an "explanatory statement." An accommodation may consist of "a change in the work environment," "a modification to the application process," or a change in "the manner in which things are customarily carried out." A reasonable accommodation may include modifying equipment or providing different seating; revising break schedules or the frequency or duration of breaks; providing space in an area other than a bathroom that may be used for expressing breast milk; providing assistance with manual labor if the manual labor is incidental to the primary work duties of the employee; authorizing light duty; temporarily transferring the employee to a less strenuous or hazardous position; or restructuring a position or providing a modified work schedule. An employer is not required to create a new position that it would not have otherwise created, unless the employer has created or would create such a position to accommodate other classes of employees (such as those suffering from a worker's compensation injury). An employer is also not required to discharge any employee, transfer any employee with more seniority or promote any employee who is not qualified to perform the job, unless the employer has taken or would take such an action to accommodate other classes of employees. The Act makes it difficult to refuse an accommodation by requiring the employer to prove that the accommodation would impose an undue burden. In defining "undue burden," the Act focuses upon the size and financial condition of the employer and the cost of the accommodation. If an employer provides or would be required to provide a "similar" accommodation to a "similarly situated employee," the accommodation will not likely constitute an undue burden. What Notice Obligations Does the Act Impose? Finally, the Act imposes three notice requirements upon employers:
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Mesquite Chamber Newsletter - June 14th - 25th |