['Discrimination']
['Pregnancy Discrimination']
04/26/2024
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Summary of differences between federal and state regulations
Employer defined
“Employer” means a person who has one or more employees.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act. For example, disabilities caused or contributed to by pregnancy or related conditions must be treated the same as any other disability for purposes of leave.
Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer or other covered entity, with respect to all employment related purposes, including receipt of benefits under fringe benefit programs, not to treat women affected by pregnancy, childbirth, or disabilities related to pregnancy or childbirth, the same as other persons who are not so affected but who are similar in their ability or inability to work, including a duty to make reasonable accommodations.
Charges must be filed within one year of the alleged unlawful act.
An agency of a city, county, or group of counties may be created as a local commission for the purpose of dealing with discrimination on the basis of race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, sexual orientation, or familial status. If a county or group of counties creates a local commission, the commission does not have jurisdiction over any part of the county that is within the jurisdiction of a local commission created by city charter or municipal ordinance.
Effective May 12, 2014, employers with 21 or more employees must provide reasonable minor accommodations to women who are pregnant (such as restroom breaks, food, water, or seating), or a reasonable temporary transfer to a position that better accommodates the pregnancy. See also the state page on breaks and meals regarding breastfeeding accommodation.
State
Contact
Minnesota Department of Human Rights
Regulations
Minnesota Human Rights Act, Minnesota Statutes Chapter 363A
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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