South Carolina employers are facing a September 14 deadline to provide notice to applicants and employees related to the new South Carolina Pregnancy Accommodations Act (SCPAA).
The new law, enacted in May, applies to all South Carolina employers with at least 15 employees. It makes it unlawful to discriminate against an employee or applicant with limitations caused by pregnancy, childbirth, or related medical conditions and requires notice to new and current employees.
The law requires employers by September 14 to provide written notice to new employees at the time they are hired. Also by that day, employers must have a conspicuous notice posted so employees are aware of their rights. The notice must state that it’s an unlawful employment practice for an employer to:
- Fail or refuse to make reasonable accommodations for the medical needs arising from a job applicant’s or employee’s pregnancy, childbirth, or related medical conditions unless you can show that the accommodation would impose an undue hardship on your business operation;
- Deny employment opportunities to a job applicant or employee if the denial is based on your need to make reasonable accommodations to the known limitations for medical needs arising from the individual’s pregnancy, childbirth, or related medical conditions;
- Require an applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that the individual chooses not to accept if she doesn’t have a known pregnancy-related limitation or if the accommodation is unnecessary for her to perform her essential job duties;
- Require an employee to take leave under any leave law or policy of your company if another reasonable accommodation can be provided to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions; or
- Take adverse action against an employee in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation to the known limitations for medical needs arising from childbirth or related medical conditions.
For more information on the South Carolina Pregnancy Accommodations Act, see the August issue of South Carolina Employment Law Letter.
Reggie Gay is an attorney with the McNair Law Firm, P.A. in Columbia, South Carolina. He can be reached at rgay@mcnair.net.