Last month, we reported that Governor Matt Bevin signed the Kentucky Pregnant Workers Act requiring employers with 15 or more employees to provide reasonable accommodations for pregnant workers. Under the Act, employers are required to post a notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related medical conditions, including the right to reasonable accommodations, at the workplace. In accordance, the Kentucky Commission on Human Rights has released an updated Equal Employment Opportunity posting with information on the new Act.
The updated Equal Employment Opportunity posting clarifies that it is unlawful for an employer to fail to make reasonable accommodations for any employee with limitations related to pregnancy, childbirth, or a related medical condition who requests an accommodation. The posting also includes examples of the types of accommodations that may be appropriate, such as more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, appropriate seating, temporary transfer to a less strenuous or less hazardous position, job restructuring, light duty, modified work schedule and private space that is not a bathroom for expressing milk. Employers are required to provide reasonable accommodations unless they can demonstrate an undue hardship. Employers and employees must engage in a timely, good faith and interactive process to determine effective reasonable accommodations.
Employers, employment agencies, licensing agencies and labor organizations must post the most current version of the Equal Employment Opportunity posting at the workplace (104 KAR 1:010). If you already have a Kentucky All-On-OneTM Labor Law Poster, you can comply by purchasing the Equal Employment Opportunity Peel ‘N PostTM sticker. You can also order the revised Kentucky All-On-OneTM Labor Law Poster. Order online using the links above, or call 1-888-674-6104 if you’d like to speak to a Compliance Advisor regarding this update.