['Discrimination']
['Pregnancy Discrimination']
06/13/2024
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Summary of differences between federal and state regulations
Employer defined
“Employer” includes the state and all political subdivisions of the state and any person in this state employing four or more individuals, and any person acting in the interest of an employer directly or indirectly.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act. Discrimination “because of sex” or “on the basis of sex” includes because of or on the basis of pregnancy, childbirth, or related medical conditions. For example, employers are required to treat pregnancy and pregnancy-related conditions the same as other temporary disabilities.
Rhode Island employers are to provide workplace accommodations for workers’ limitations related to pregnancy, childbirth, or related condition. A “related condition” includes expressing breast milk for a nursing child.
Employers may not require an employee to take leave if another reasonable accommodation would be effective.
Accommodations could include the following:
- More frequent or longer breaks,
- Time off to recover from childbirth,
- Acquisition or modification of equipment,
- Seating,
- Temporary transfer to a less strenuous or hazardous position,
- Job restructuring,
- Light duty,
- Break time and private non-bathroom space for expressing breast milk,
- Assistance with manual labor, or
- Modified work schedules.
Employers need not provide an accommodation that would pose an undue hardship, which is an action requiring significant difficulty or expense. The factors to be considered include the nature and cost of the accommodation, the overall financial resources of the employer, the overall size of the business, and the effect on expenses and resources or the impact on the operation of the employer.
Employers are to provide written notice of an employee’s right to be free from discrimination in relation to pregnancy. Such notice is to be provided to new employees at the commencement of employment, and within 10 days to existing employees, and to any employee who notifies you of her pregnancy.
In addition to state anti-discrimination statutes, the Commission for Human Rights maintains agreements with the federal government and investigates specific cases under both jurisdictions. Under an agreement with the Equal Employment Opportunity Commission, the state Commission is authorized to enforce the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
Posting
Every covered employer, employment agency, and labor union must post in a conspicuous place or places on his or her premises a notice prepared or approved by the Commission for Human Rights which sets forth excerpts of this law and other relevant information which the Commission deems necessary.
State
Contact
Rhode Island Commission for Human Rights
Regulations
Rhode Island General Laws Title 28, Chapter 5, Fair Employment Practices
www.rilin.state.ri.us/Statutes/TITLE28/28-5/INDEX.HTM
Rhode Island Commission for Human Rights Rules and Regulations
www.richr.ri.gov/rules.html
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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