['Discrimination']
['Pregnancy Discrimination']
04/26/2024
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Summary of differences between federal and state regulations
Discrimination
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 may request a certification supporting the need for the last four accommodations. A lifting limit must be less than 17 pounds to request a certification.
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.
State
Contact
Washington State Human Rights Commission
Regulations
RCW Title 49, Chapter 49.60, Discrimination - Human Rights Commission
WAC Title 162, Human Rights Commission
RCW Title 43, Chapter 43.10, Attorney General (pregnancy accommodations)
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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