PREGNANT WORKERS' FAIRNESS ACT.

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View NCGA Bill Details2015-2016 Session
House Bill 546 (Public) Filed Wednesday, April 1, 2015
AN ACT TO ENACT THE PREGNANT WORKERS' FAIRNESS ACT.
Intro. by Fisher, Glazier, Harrison, Meyer.

Status: Ref To Com On Appropriations (House Action) (Apr 6 2015)

Bill History:

H 546

Bill Summaries:

  • Summary date: Apr 6 2015 - View Summary

    Enacts new Article 24, Pregnant Workers' Fairness Act, in GS Chapter 95. 

    Makes it illegal for an employer to: (1) fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of pregnancy or (2) limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee because of pregnancy. Specifies six unlawful employment practices, including: (1) failing or refusing to make reasonable accommodations to the known limitations related to the pregnancy of an applicant for employment or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business; (2) denying employment opportunities to a job applicant or employee, if such denial is based on the need of the employer to make reasonable accommodations to the known limitations related to the pregnancy; and (3) requiring an employee to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known limitations related to the pregnancy of the employee. Makes it illegal for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against any individual because of pregnancy. Specifies two unlawful employment practice by a labor organization. Makes it illegal for any employer, labor organization, or joint labor‑management committee controlling apprenticeship or other training or retraining programs to discriminate against any individual because of pregnancy in admission to or employment in any program established to provide apprenticeship or other training. Also makes it illegal for any employer, employment agency, labor organization, or joint labor‑management committee controlling apprenticeship or other training or retraining programs to discharge, refuse to hire, or otherwise discriminate against any individual or applicant for employment or membership on the basis of pregnancy because the person has opposed any practice prohibited by this Article or because the person has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce the provisions of this Article. Sets out exceptions to the prohibitions. Requires employers to post notices on the right to be free from discrimination in relation to pregnancy, childbirth, and related conditions. Also requires individualized notice to be given upon certain events.

    Allows an employee discharged or discriminated against, or a prospective employee who is denied employment in violation of the Article, to bring a civil action within one year from the date of the violation. Also allows an employee damaged by a labor organization's or employment agency's violation of the Article to bring a civil action within one year of the date of the violation. 

    Makes conforming changes to GS 95-241.

    Provides that nothing in the act preempts, limits, diminishes, or otherwise affects any other provision of federal, State, or local law relating to discrimination based on sex or pregnancy or to invalidate or limit the remedies, rights, and procedures of any federal, state, or local law that provides greater or equal protection for employees affected by pregnancy, childbirth, or related conditions.

    Provides that if any provisions of the Article conflict with the provisions of GS Chapter 168A (North Carolina Persons with Disabilities Protection Act), then this Article prevails.