Beginning January 1, 2020, Oregon employers with at least 6 employees must provide reasonable accommodations to employees and job applicants who have limitations related to pregnancy, unless doing so would impose undue hardship.
The law makes it unlawful for an employer to:
- Deny employment opportunities to an applicant or employee based on the need to make reasonable accommodation to the known limitations relating to pregnancy, childbirth or a related medical condition, including but not limited to lactation;
- Fail or refuse to make reasonable accommodation to these known limitations, unless the accommodation would impose an undue hardship;
- Take an adverse employment action or in any manner discriminate or retaliate against an applicant or an employee, with respect to hire or tenure, or any other term or condition of employment, because the applicant or employee has inquired about, requested or used a reasonable accommodation;
- Require an applicant or an employee to accept a reasonable accommodation that is unnecessary to perform the essential duties of the job or to accept a reasonable accommodation if the applicant or employee does not have a known limitation; or
- Require an employee to take family leave, or any other leave, if the employer can make reasonable accommodation to the known limitations.
Employers will need to post signs informing employees of these new discrimination protections and their rights to reasonable accommodations for known limitations due to pregnancy, childbirth and pregnancy related medical conditions. In addition, employers will need to provide a written copy of the notice to existing employees by June 29, 2020. Moving forward the notice will be given to all new employees at the time of hire.
If you have any questions, please contact our office.