View Amendment Current Amendment: JUD3865.009.DOCX to Bill 3865     Senator HUTTO and CASH proposed the following amendment (JUD3865.009):
    Amend the committee report, as and if amended, by striking lines 25 through 42 on page [3865-1] and by striking lines 1 through 16 on page [3865-2], to strike the committee report in its entirety and insert therein the following:
    //     Amend the bill, as and if amended, page 2, by striking lines 18 and 19 and inserting therein the following:
    /         SECTION     3.A.     Section 1-13-30(l) of the 1976 Code is amended to read:         /

    Amend the bill further, as and if amended, page 3, line 15, by adding SECTION 3.B. to read:
    /         SECTION     3.B.     Section 1-13-30(T) of the 1976 Code, is amended to read:
    (T)     'Reasonable accommodation' may include:
        (1) making existing facilities used by employees readily accessible to and usable by individuals with disabilities and individuals with medical needs arising from pregnancy, childbirth, or related medical conditions provided the employer shall not be required to construct a permanent, dedicated space for expressing milk; however, nothing in this section exempts an employer from providing other reasonable accommodations; and
        (2)(a)     for individuals with disabilities: job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.; or
        (b)     for individuals with medical needs arising from pregnancy, childbirth, or related medical conditions providing more frequent or longer break periods; providing more frequent bathroom breaks; providing a private place, other than a bathroom stall for the purpose of expressing milk; modifying food or drink policy; providing seating or allowing the employee to sit more frequently if the job requires the employee to stand; providing assistance with manual labor and limits on lifting; temporarily transferring the employee to a less strenuous or hazardous vacant position, if qualified; providing job restructuring or light duty, if available; acquiring or modifying equipment or devices necessary for performing essential job functions; modifying work schedules; however, the employer is not required to do the following, unless the employer does or would do so for other employees or classes of employees that need a reasonable accommodation:
            (i)         hire new employees that the employer would not have otherwise hired;
            (ii)     discharge an employee, transfer another employee with more seniority, or promote another employee who is not qualified to perform the new job;
            (iii)     create a new position, including a light duty position for the employee, unless a light duty position would be provided for another equivalent employee; or
            (iv)     compensate an employee for more frequent or longer break periods, unless the employee uses a break period which would otherwise be compensated.         /

    Amend the bill further, as and if amended, page 4, by strking lines 17 through 31, as contained in SECTION 4, and inserting therein the following:
    /         For the purposes of this item:
                (i)     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.
                (ii)     The notice required by subsubitem (i) also must be conspicuously posted at an employer's place of business in an area accessible to employees.         /     //
    Renumber sections to conform.
    Amend title to conform.