Pregnancy discrimination - Washington

Discrimination

Effective January 1, 2027

Employer defined

"Employer"includes any employer that employs one or more persons and any religious or sectarian organization not organized for private profit.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act or the federal Pregnant Workers Fairness Act. Employers may not, for example, require employees to take leave if another reasonable accommodation can be provided.

Employers may request that employees provide written certification from the employee's treating health care professional regarding the need for reasonable accommodation, except for lactation accommodations.

Reasonable accommodations

Accommodations might include:

• Providing frequent, longer, or flexible restroom breaks.
• Modifying a no food or drink policy.
• Job restructuring.
• Part-time or modified work schedules.
• Reassignment to a vacant position.
• Acquiring or modifying equipment, devices, or an employee's work station.
• Providing seating or allowing the employee to sit more frequently.
• Providing for a temporary transfer to a less strenuous or hazardous position.
• Providing help with manual labor and limiting lifting.
• Scheduling flexibility for prenatal and postpartum visits.
• Providing reasonable paid break time for an employee to express breast milk for two years after the child's birth and providing a private location, other than a bathroom, that may be used to express breast milk.
  • Employers may not require employees to use their paid leave for lactation breaks or related travel time.
  • The paid breaks are separate from and in addition to regular meal and rest periods required by the Washington Industrial Welfare Act.
• Any further accommodation an employee might request.

Employers need not provide an accommodation that would pose an undue hardship — a significant difficulty or expense. They may not claim such a hardship breaks, food/drink policy, seating, or lifting limits over 17 pounds.

Effective until January 1, 2027:Employer defined

“Employer” includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons. It does not include any religious or sectarian organization not organized for private profit.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act. For example, employers are required to treat pregnancy and pregnancy-related conditions the same as other temporary disabilities, and to allow a woman to return to the same job, or a similar job of at least the same pay.

Posting

The state provides a poster titled “Washington Law Prohibits Discrimination in Employment.”

Accommodations

Employer defined

For purposes of pregnancy accommodations, the requirements apply to employers with 15 or more employees.

Reasonable accommodations

Accommodations might include:

• Providing frequent, longer, or flexible restroom breaks,
• Modifying a no food or drink policy,
• Providing seating or allowing the employee to sit more frequently,
• Providing for a temporary transfer to a less strenuous or hazardous position,
• Providing help with manual labor and limiting lifting,
• Scheduling flexibility for prenatal visits, or
• Any further accommodation an employee might request.

Employers need not provide an accommodation that would pose an undue hardship — a significant difficulty or expense. They may not claim such a hardship for the first three accommodations, and lifting limits over 17 pounds.

Employers may not require an employee to take leave if another accommodation would be effective.