Philadelphia has amended its Fair Practices Ordinance: Protections Against Unlawful Discrimination to require employers to provide reasonable accommodation for employees with issues resulting from pregnancy or childbirth.
The ordinance revision adds pregnancy, childbirth, or related medical issues as conditions protected against discrimination in employment opportunities, public accommodations, and housing.
How Philadelphia Employers Need to Accommodate Pregnancy and Childbirth
Philadelphia employers must provide eligible employees reasonable accommodation for those who are pregnant, new mothers, or who suffer from a pregnancy-related or childbirth-related medical condition, as long as the accommodation doesn’t pose an undue hardship to the business.
Reasonable accommodations include:
- Restroom breaks
- Periodic rest breaks
- Assistance with manual labor
- Maternity leave
- Reassignment to a vacant position
- Job restructuring
Philadelphia Employers Claiming Undue Hardship
In order to demonstrate undue hardship, an employer must demonstrate cost and operational impacts that would impair normal business operations and budgets.
New Philadelphia Pregnancy Poster Requirement
The Philadelphia Commission on Human Relations (PCHR) released a new Protecting Pregnant Employees posting that informs employees of their right to be free from discrimination in relation to pregnancy, childbirth and related medical conditions. Employers must provide the posting to all new and existing employees by April 20, 2014.
The Philadelphia Human Resources Compliance Department says the posting is required for Philadelphia employers, in spite of language in the ordinance suggesting the posting is optional.