Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act is known and may be cited as the "South Carolina Pregnancy Accommodations Act".
SECTION 2. It is the intent of the General Assembly by this act to combat pregnancy discrimination, promote public health, and ensure full and equal participation for women in the labor force by requiring employers to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or related medical conditions. Current workplace laws are inadequate to protect pregnant women from being forced out or fired when they need a simple, reasonable accommodation in order to stay on the job. Many pregnant women are single mothers or the primary breadwinners for their families; if they lose their jobs then the whole family will suffer. This is not an outcome that families can afford in today's difficult economy.
SECTION 3. Section 1-13-30(l) of the 1976 Code is amended to read:
"(l) The terms
'because of sex' or 'on the basis of sex' include, but are not
limited to, because of or on the basis of pregnancy, childbirth,
or related medical conditions;, including,
but not limited to, lactation, and women affected by
pregnancy, childbirth, or related medical conditions
shall must be treated the same for all
employment-related purposes, including receipt of benefits under
fringe benefit programs, as other persons not so affected but
similar in their ability or inability to work, and nothing in
item (3) of subsection (h) of Section 1-13-80
shall must be interpreted to permit
otherwise. This subsection shall not require an employer to pay
for health insurance benefits for abortion, except where the
life of the mother would be endangered if the fetus were carried
to term, or except where medical complications have arisen from
an abortion. Provided, that However,
nothing herein in this subsection shall
preclude an employer from providing abortion benefits or
otherwise affect bargaining agreements in regard to abortion.
This subsection shall not apply to any fringe benefit fund or
insurance program which was in effect on October 31, 1978, until
April 30, 1979. Until after October 31, 1979 or, if there was
an applicable collective bargaining agreement in effect on
October 31, 1978, until the termination of that agreement, no
person who, on October 31, 1978, was providing either by direct
payment or by making contributions to a fringe benefit fund or
insurance program, benefits in violation of the provisions of
this chapter relating to sex discrimination in employment shall,
in order to come into compliance with such provisions, reduce
the benefits or the compensation provided any employee on
October 31, 1978, either directly or by failing to provide
sufficient contributions to a fringe benefit fund or insurance
program: Provided, That, except that
where the costs of such benefits on October 31, 1978 are
apportioned between employers and employees, the payments or
contributions required to comply with the provisions of this
chapter relating to sex discrimination in employment may be made
by employers and employees in the same
proportion:. And provided,
further, That Nothing in this section shall prevent the
readjustment of benefits or compensation for reasons unrelated
to compliance with the provisions of this chapter relating to
sex discrimination in employment."
SECTION 4. Section 1-13-80(A) of the 1976 Code is amended to read:
"(A) It is an
unlawful employment practice for an employer:
(1)
to fail or refuse to hire, bar, discharge from
employment, or otherwise discriminate against an
individual with respect to the individual's compensation or
terms, conditions, or privileges of employment because of the
individual's race, religion, color, sex, age, national origin,
or disability;
(2)
to limit, segregate, or classify employees or applicants
for employment in a way which would deprive or tend to deprive
an individual of employment opportunities, or otherwise
adversely affect the individual's status as an employee, because
of the individual's race, color, religion, sex, age, national
origin, or disability;
(3)
to reduce the wage rate of an employee in order to comply
with the provisions of this chapter relating to
age.;
(4)(a)
to fail or refuse to make reasonable
accommodations for medical needs arising from pregnancy,
childbirth, or related medical conditions of an applicant for
employment or employee, unless the employer can demonstrate that
the accommodation would impose an undue hardship on the
operation of the business of the employer;
(b)
to deny employment opportunities to a job
applicant or employee, if the denial is based on the need of the
employer to make reasonable accommodations to the known
limitations for medical needs arising from pregnancy,
childbirth, or related medical conditions of an applicant for
employment or employee;
(c)
to require an applicant for employment or
employee affected by pregnancy, childbirth, or related medical
conditions to accept an accommodation that the applicant or
employee chooses not to accept, if the applicant or employee
does not have a known limitation related to pregnancy, or if the
accommodation is unnecessary for the applicant or employee to
perform the essential duties of her job;
(d)
to require an employee to take leave under any
leave law or policy of the employer if another reasonable
accommodation can be provided to the known limitations for
medical needs arising from pregnancy, childbirth, or related
medical conditions; or
(e)
to 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 pregnancy,
childbirth, or related medical conditions.
For the purposes of this item:
(i)
The terms 'reasonable accommodations' and 'undue
hardship' have the meanings given those terms in section 101 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12111),
as amended, and shall be construed as these terms have been
construed under the act and as set forth in the rules required
by this act.
(ii)
An employer shall provide written notice of the
right to be free from discrimination for medical needs arising
from pregnancy, childbirth, or related medical conditions,
pursuant to this item to new employees at the commencement of
employment, and existing employees within one hundred twenty
days after the effective date of this item.
(iii)
The notice required by subsubitem (ii)
also must be conspicuously posted at an employer's place of
business in an area accessible to employees.
The Commission shall develop courses
of instruction and conduct ongoing public education efforts as
necessary to inform employers, employees, employment agencies,
and applicants for employment about their rights and
responsibilities under this item."
SECTION 5. No later than two years after the effective date of this act, the South Carolina Human Affairs Commission shall promulgate regulations to carry out this act, which shall identify some reasonable accommodations addressing medical needs arising from pregnancy, childbirth, or related medical conditions that must be provided to a job applicant or employee affected by these known limitations, unless the employer can demonstrate that doing so would impose an undue hardship.
SECTION 6. Nothing in this act shall be construed to preempt, limit, diminish or otherwise affect any other provision of federal, state, or local law relating to discrimination based on sex or pregnancy, or to invalidate or limit the remedies, rights, and procedures of any federal, state, or local law that provides greater or equal protection for employees affected by pregnancy, childbirth, or related conditions.
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.