The South Carolina Pregnancy Accommodation Act, signed into law in May and taking effect September 14, 2018, modifies previous state law to expand protections for pregnant employees. The law mostly acts to bring state requirements in line with those under federal law, so employers should not have to make changes to their anti-discrimination policies or practices unless they were previously out of compliance.

Above and beyond what is federally mandated, the law requires that certain accommodation be made for employees with medical needs arising from pregnancy, childbirth, or related medical conditions, even if the employee’s condition does not rise to the level of a disability.

The law suggests that the following would be reasonable accommodations for such employees:

• Providing more frequent or longer break periods;
• Providing more frequent bathroom breaks;
• 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;
• Observing limits on lifting (e.g., no more than 20 pounds);
• 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

The law also requires that employers give employees notice of their right to be free from discrimination for medical needs arising from pregnancy, childbirth, or related medical conditions.

However, the law does not require an employer to do the following (unless the employer does or would do so for other employees or classes of employees needing a reasonable accommodation):

• Hire new employees that the employer would not have hired otherwise;
• Discharge an employee, transfer another employee with more seniority, or promote another employee who is not qualified to perform the new job;
• Create a new position, including light duty position for the employee, unless a light duty position would be provided for another equivalent employee; or
• Compensate an employee for more frequent or longer break periods, unless the employee uses a break period that would otherwise be compensated.

Next Steps Towards Compliance with the Act

As an affected employer in South Carolina, we have provided some suggested steps to prepare for the new law:

• Begin incorporating the notice provisions of the Act in your new hire onboarding process.
• Post a notice to current employees of their right to be free from pregnancy discrimination at your workplace.
• Revise your EEO policies to incorporate necessary language to comply with the Act.
• Meet with your team and begin to consider the types of accommodations that could be implemented in your workplace.
• Be prepared to communicate changes in company policies to all members of your workforce.
• begin to think about how you can properly train your supervisors and managers how to handle accommodation requests.

Current employees should be given notice by September 14, and new employees should be given notice upon hire. The notice must also be posted in a conspicuous location in the workplace. The South Carolina Human Affairs Commission has issued a model notice that can be found here.

If you have a question about how this new law will affect your workplace, please contact a friendly Medic at (864) 640-8981, or ask your question here.