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Employer defined
“Employer” means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but does not include an Indian tribe or a bona fide private membership club other than a labor organization.
Pregnancy Accommodations Act
Effective 5/17/18, the South Carolina Pregnancy Accommodations Act revises the South Carolina Human Affairs Law. Employers must provide reasonable accommodations to those with medical needs arising from pregnancy, childbirth, or related medical conditions of an applicant for employment or employee, unless they can demonstrate that the accommodation would impose an undue hardship on the operation of the business.
You risk a violation of the Act if you:
Reasonable accommodations can include the following:
You are not required to provide the following, unless you do or would do so for other employees or classes of employees that need a reasonable accommodation:
An undue hardship is an action requiring significant difficulty or expense, when considered in light of the following factors:
You must provide written notice to new employees upon hire, and to existing employees by September 14, 2018. The notice must include information regarding the right to be free from discrimination for medical needs arising from pregnancy, childbirth, or related medical conditions. The notice must also be conspicuously posted at your place of business in an area accessible to employees.
The unlawful employment practices and exemptions of the federal Pregnancy Discrimination Act also apply. For example, you must treat disabilities caused by pregnancy the same as any other similar disability.
Contact
South Carolina Human Affairs Commission
Regulations
South Carolina Code of Laws, Title 1, Chapter 13, Human Affairs Law
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)