Employers operating in South Carolina are now required to post the new Employment Discrimination notice supplied by the Human Affairs Commission to fulfill the South Carolina Pregnancy Accommodations Act poster requirement. The Pregnancy Accommodations Act is a new law already in effect which requires employers to provide reasonable accommodations to job applicants and employees who are pregnant or have a medical condition related to pregnancy or childbirth.
South Carolina has also updated the Job Safety and Health Protection on the Job notice which describes the provisions of the state’s occupational safety and health law. Employers can obtain both updates at once with CPC’s signature compliance product, the South Carolina All-On-One™ Labor Law Poster.
New South Carolina Pregnancy Accommodations Act
Earlier this year the South Carolina legislature passed HB 3865 / South Carolina Pregnancy Accommodations Act, which became effective May 17, 2018 upon the Governor’s signature. The new law requires employers to provide reasonable accommodations for individuals with medical needs arising from pregnancy, childbirth, or related medical conditions (including lactation), just as they must provide reasonable accommodations for individuals with disabilities.
Reasonable accommodations are specific to an individual’s needs. A reasonable accommodation for an employee who is pregnant or has recently been pregnant may consist of more frequent or longer break periods, a private place where an employee who is lactating can express milk, seating for an employee who usually works while standing, a temporary transfer to a less strenuous position, or something else that allows the employee to continue working.
Employers are prohibited from refusing to provide a reasonable accommodation (unless undue hardship can be demonstrated) and from discriminating against an applicant or employee on the basis of her need for a reasonable accommodation. Additionally, the employer cannot require an applicant or employee to use an accommodation that they do not need or do not accept, or pressure an employee to take involuntary leave if a reasonable accommodation can be provided instead.
The Human Affairs Law, including South Carolina Pregnancy Accommodations Act, applies to all employers who have 15 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding year.
South Carolina Pregnancy Accommodations Act Poster
The South Carolina Pregnancy Accommodations Act also establishes new notice and posting requirements for private employers. The employer is required to provide employees with written notice of the right to be free of discrimination for medical needs arising from pregnancy, childbirth, or related medical conditions. This notice must be provided to new employees at the commencement of employment immediately, and to existing employees as of September 14, 2018.
The notice must also be conspicuously posted at an employer’s place of business in an area accessible to employees. The South Carolina Human Affairs Commission has supplied the new South Carolina Prohibits Employment Discrimination posting, which provides information on the South Carolina Pregnancy Accommodations Act as well as the preexisting provisions of the Human Affairs Law. The posting lists the protected classes under the law (including pregnancy, childbirth, and related medical conditions) and examples of unlawful conduct under the law.
On CPC’s South Carolina All-On-One™ Labor Law Poster, this new posting replaces the previous South Carolina Prohibits Discrimination notice which was required only for public employers. The new South Carolina Prohibits Employment Discrimination posting fulfills the posting requirements established for private employers under the South Carolina Pregnancy Accommodation Act, and also fulfills the separate posting requirement for state agencies, departments of the state, and local subdivisions to post a notice describing employment discrimination.
South Carolina OSHA Poster Update
The Safety and Health Protection on the Job posting has been updated with additional information in the Employers section. The notice now reminds employers that they must report all work-related fatalities to OSHA within 8 hours, and all inpatient hospitalizations, amputations, and losses of an eye within 24 hours. It also provides a phone number and address for reporting purposes.
This is not a new requirement. The federal Occupational Safety and Health Administration (OSHA) adopted this standard in 2014, with South Carolina mirroring the regulation the same year. However, prior to this update, the South Carolina Job Safety and Health posting had not been updated since 2012. The new revision date is July 2018.
One thing to note is that the South Carolina Department of Labor, Licensing, and Regulation (LLR) releases the Safety and Health Protection on the Job notice and the SC Labor Law Abstract notice as a two-in-one poster. As a result, the revision date for the SC Labor Law Abstract has been updated to July 2018 as well, although the text has not changed.
South Carolina Labor Law Posters – All-On-One
The South Carolina All-On-One™ Labor Law Poster, which compiles mandatory state and federal employee notices on one 27″ x 40″ Poly Vinyl poster, is a complete compliance solution for most employers. (Additional posters may be required, depending on your industry and location.) The 07/2018 revision now includes the new South Carolina Prohibits Employment Discrimination notice and updated Safety and Health Protection on the Job.
CPC also provides a South Carolina Mobile Poster Pak™ booklet for off-site and remote workers or HR desk reference purposes.
Click here to order your new poster, or call the number listed on our website to speak to a compliance adviser.
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