['Discrimination']
['Pregnancy Discrimination']
04/26/2024
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Summary of differences between federal and state regulations
Employer defined
“Employer” includes the state and all political subdivisions and means any person or employer with three or more persons in his employ.
Unlawful employment practices
The unlawful employment practices, as well as the exemptions, are similar to those under the federal Pregnancy Discrimination Act. It is a discriminatory practice for an employer, by himself or his agent:
- To terminate a woman’s employment because of her pregnancy;
- To refuse to grant to that employee a reasonable leave of absence for disability resulting from her pregnancy;
- To deny to that employee, who is disabled as a result of pregnancy, any compensation to which she is entitled as a of the accumulation of disability or leave benefits accrued pursuant to plans maintained by the employer;
- To fail or refuse to reinstate the employee to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits upon her signifying her intent to return unless, in the case of a private employer, the employer’s circumstances have so changed as to make it impossible or unreasonable to do so;
- To limit, segregate, or classify the employee in a way that would deprive her of employment opportunities due to her pregnancy;
- To discriminate against an employee or applicant on the basis of pregnancy in the terms or conditions of employment;
- To fail or refuse to make a reasonable accommodation for an employee or applicant due to her pregnancy, unless the employer cans show that the accommodation would pose an undue hardship
- To deny employment opportunities to an employee or applicant if such denial is due to the requires for a reasonable accommodation due to her pregnancy;
- To force an employee or applicant affected by pregnancy to accept a reasonable accommodation; or
- To require an employee to take leave if a reasonable accommodation can be provided.
Reasonable accommodations include being allowed to sit while working, taking more frequent or longer breaks, periodic rest, help with manual labor, job restructuring, light duty, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth, or break time and appropriate facilities for expressing breast milk.
It is unlawful to request or require from an employee or person seeking employment information regarding child bearing age or plans, pregnancy, function of the individual’s reproductive system, use of birth control, or familial responsibilities, unless the information is directly related to a bona fide occupational qualification or need. However, an employer may, through a physician, request from an employee any such information which is directly related to workplace exposure to substances which may cause birth defects or constitute a hazard to an individual’s reproductive system or to a fetus if the employer first informs the employee of the hazards involved in such exposure.
After informing an employee of a workplace exposure to substances which may cause birth defects or constitute a hazard to an employee’s reproductive system or to a fetus, it is unlawful to fail or refuse:
- to take reasonable measures to protect the employee from the exposure or hazard identified, upon the employee’s request; or
- to inform the employee that the measures taken may be the subject of a complaint filed under the provisions of this regulation.
The above is not intended to prohibit an employer from taking reasonable measures to protect an employee from exposure to such substances. “Reasonable measures” are those consistent with business necessity and are least disruptive of the terms and conditions of the employee’s employment.
Employers must provide notice of the employee rights to new employees when they start work, existing employees within 120 days of 10/1/2017, and within 10 days of any employee who informs the employer of her pregnancy.
State
Contact
Connecticut Commission on Human Rights & Opportunities
Regulations
General Statutes of Connecticut, Title 46a, chapter 814c, sec. 46a-60. Discriminatory employment practices prohibited
Federal
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)
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