Legislative Bill 627, enacted on April 13, 2015, modifies the employment laws of Nebraska to require employers to provide reasonable accommodation to pregnant employees and creates protections intended to prevent pregnancy related discrimination.
The new law requires specific reasonable accommodations for pregnant employees similar to those that are required for workers with disabilities. Reasonable accommodations may including providing a stool or other seating for a pregnant employee to alleviate swelling of the legs caused by standing for long periods, modifying or changing break and work schedules, or providing a temporary transfer to less strenuous work for which the employee is qualified. The requirements only apply to the extent the employee is still able to perform the essential functions of the position with reasonable accommodation. The definition of an essential function of the position is deferential to the employer, and weight is given to the formal job requirement and description.
The scope of the law also requires reasonable accommodations for employees following childbirth and pregnancy related medical conditions.
The new law also makes it illegal to discriminate in the hiring, advancement, discharge, compensation, training, or general terms of employment of a pregnant woman.
The final version of the law as approved by the Governor may be found at the following link: http://nebraskalegislature.gov/FloorDocs/104/PDF/Slip/LB627.pdf.
© 2015 Houghton Vandenack Williams
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