Revision: Feb. 26, 2020, 11:05 a.m.
SB 759-FN - AS INTRODUCED
2020 SESSION
20-3123
04/06
SENATE BILL 759-FN
AN ACT relative to employers provision of reasonable accommodations for pregnant employees.
SPONSORS: Sen. Bradley, Dist 3; Sen. Gray, Dist 6; Sen. Carson, Dist 14; Sen. Ward, Dist 8; Sen. Starr, Dist 1; Sen. Giuda, Dist 2; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 5; Sen. Dietsch, Dist 9; Sen. Levesque, Dist 12; Sen. Chandley, Dist 11; Sen. Kahn, Dist 10; Rep. Hennessey, Graf. 1; Rep. DeSimone, Rock. 14; Rep. Marsh, Carr. 8
COMMITTEE: Commerce
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ANALYSIS
This bill requires an employer to provide reasonable accommodations to an employee related to the employee's pregnancy or childbirth and makes the failure to provide such accommodations an unlawful discriminatory practice.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-3123
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to employers provision of reasonable accommodations for pregnant employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Commission for Human Rights; Title and Purpose. Amend RSA 354-A:1 to read as follows:
354-A:1 Title and Purposes of Chapter. This chapter shall be known as the "Law Against Discrimination." It shall be deemed an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the constitution of this state concerning civil rights. The general court hereby finds and declares that practices of discrimination against any of its inhabitants because of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability or national origin are a matter of state concern, that such discrimination not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants. In addition, the general court finds that workplace laws must protect pregnant women from being forced out of their job or fired when they need a simple, reasonable accommodation in order to stay on the job, and that many pregnant women are single mothers or are the primary source of family income whose families will suffer if they lose their jobs. A state agency is hereby created with power to eliminate and prevent discrimination in employment, in places of public accommodation and in housing accommodations because of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability or national origin as herein provided; and the commission established hereunder is hereby given general jurisdiction and power for such purposes. In addition, the agencies and councils so created shall exercise their authority to assure that no person be discriminated against on account of sexual orientation.
2 New Subparagraph; State Commission for Human Rights; Definitions. Amend RSA 354-A:2, XIV-b by inserting after subparagraph (b) the following new subparagraph:
(c) Any action which would permit an employee with a medical condition related to the employee's pregnancy or childbirth to perform in a reasonable manner the activities involved in the employee's specific occupation, including but not limited to, the provision of an accessible worksite, acquisition or modification of equipment, temporary transfer to a less strenuous or hazardous position, light duty, more frequent bathroom breaks, temporary assistance with manual labor, and a temporarily modified work schedule. "Reasonable accommodation" shall not include any action that would impose an undue hardship on the business of the employer from whom the action is required or that would waive an essential function of the employee's job.
3 State Commission for Human Rights; Unlawful Discriminatory Practices. Amend RSA 354-A:7, VI(a)-(b) to read as follows:
VI.(a) For the purposes of this chapter, the word "sex" includes pregnancy, childbirth, and related medical conditions [which result from pregnancy].
(b) An employer shall permit a female employee to take leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions. When the employee is physically able to return to work, her original job or a comparable position shall be made available to her by the employer unless business necessity makes this impossible or unreasonable. An employer shall provide reasonable accommodations to an employee related to the employee's pregnancy or childbirth if the employee so requests with the advice of the employee's health care provider.
4 Effective Date. This act shall take effect 60 days after its passage.
20-3123
1/24/20
SB 759-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to employers provision of reasonable accommodations for pregnant employees.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Human Rights Commission