SB759: relative to employers provision of reasonable accommodations for pregnant employees.

SB 759-FN - AS AMENDED BY THE SENATE

03/12/2020 1061s

2020 SESSION

20-3123

04/06

SENATE BILL 759-FN

AN ACT relative to employers provision of reasonable accommodations for pregnant employees.

SPONSORS: Sen. Bradley, Dist 3; Sen. Gray, Dist 6; Sen. Carson, Dist 14; Sen. Ward, Dist 8; Sen. Starr, Dist 1; Sen. Giuda, Dist 2; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 5; Sen. Dietsch, Dist 9; Sen. Levesque, Dist 12; Sen. Chandley, Dist 11; Sen. Kahn, Dist 10; Rep. Hennessey, Graf. 1; Rep. DeSimone, Rock. 14; Rep. Marsh, Carr. 8

COMMITTEE: Commerce

ANALYSIS

This bill requires an employer to provide reasonable accommodations to an employee related to the employee's pregnancy or childbirth and makes the failure to provide such accommodations an unlawful discriminatory practice.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/12/2020 1061s 20-3123

04/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to employers provision of reasonable accommodations for pregnant employees.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 State Commission for Human Rights; Unlawful Discriminatory Practices. Amend RSA 354-A:7, VI(a)-(b) to read as follows:

VI.(a) For the purposes of this chapter, the word "sex" includes pregnancy, childbirth, and related medical conditions [which result from pregnancy].

(b) [An employer shall permit a female employee to take leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions.] An employer shall provide reasonable accommodations and/or permit a female employee to take a leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth, or related medical conditions, unless such employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer. When the employee is physically able to return to work, her original job or a comparable position shall be made available to her by the employer unless business necessity makes this impossible or unreasonable.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

20-3123

Amended 4/28/20

SB 759-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-1061s)

AN ACT relative to employers provision of reasonable accommodations for pregnant employees.

FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None

METHODOLOGY:

The Human Rights Commission indicates the substance of the bill is under the current purview of the Commission. This bill will have no fiscal impact on State, county and local expenditures and revenue.

AGENCIES CONTACTED:

Human Rights Commission