by Strategic HR Partners

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by Strategic HR Partners

Pregnant Workers

Effective October 1, 2017: The Nevada Pregnant Workers Fairness Act requires employers of 15 or more employees to reasonably accommodate employees and applicants for a condition relating to pregnancy, childbirth or a related medical condition, unless the accommodation would result in an undue hardship.

Effective now, employers must notify all new female employees of their right to a reasonable accommodation for a condition relating to pregnancy, childbirth or a related medical condition. Employers must also provide this notification within 10 days of an employee notifying her immediate supervisor that she is pregnant.

Under the Act, it is unlawful for employers to:

  • Deny a reasonable accommodation to female employees and applicants, upon request, for a condition related to pregnancy, childbirth, or a related medical condition, unless an accommodation would impose an undue hardship on the business of the employer.
  • Take adverse employment actions against a female employee because the employee requests or uses a reasonable accommodation.
  • Deny an employment opportunity to a qualified female employee or applicant based on a need for a reasonable accommodation.
  • Require a female employee or applicant to accept an accommodation that the employee or applicant did not request or chooses not to accept or to take leave from employment if an accommodation is available.

Under the Act, the employer may: Require a female employee to submit written medical certification from the employee’s physician substantiating the need for an accommodation because of pregnancy, childbirth, or related medical conditions, and the specific accommodation recommended by the physician.

For further information regarding the Act, contact the Nevada Equal Rights Commission, or visit them at: http://detr.state.nv.us/nerc.htm

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