Pregnancy accommodations clarified, advanced

Senators amended and advanced a bill March 30 that would update the Nebraska Fair Employment Practices Act to clarify workplace protections for pregnant workers.

Omaha Sen. Heath Mello, sponsor of LB627, said that while protections for pregnant workers currently exist, those protections lack specificity and definition.

Mello offered an amendment on select file that clarified definitions and added provisions specifying employer rights and responsibilities in relation to the bill. He said the changes addressed concerns expressed by several senators in earlier debate and by business interests.

Mello said the amendment would move Nebraska to the same reasonable accommodation standard applied to individuals with disabilities. In addition, he said, the amendment would ensure that the reasonable accommodation standard is limited to the pregnant worker and not available to anyone else who may want to claim the accommodation.

Among other changes, the amendment would prevent a covered employer from conducting a medical examination or making inquiries of a job applicant related to pregnancy or childbirth, unless such examinations or inquires are required of all applicants and are directly job-related. The amendment was adopted on a 33-0 vote.

Columbus Sen. Paul Schumacher offered an amendment, adopted 28-0, which eliminated obsolete references in statute.

Reasonable accommodations with respect to pregnancy, childbirth or related medical conditions for workers outlined in the bill include:
• periodic rest;
• equipment for sitting;
• more frequent or longer breaks;
• assistance with manual labor;
• job restructuring;
• light duty assignments;
• modified work schedules;
• temporary transfers to less strenuous or hazardous work;
• time off to recover from childbirth; or
• break time and appropriate facilities for breast-feeding or expressing breast milk.

The bill also would prohibit discrimination against an individual who is pregnant, given birth or has a related medical condition in regard to job application procedures or the hiring, compensation, job training, advancement or discharge of employees.

Following adoption of the amendments, lawmakers advanced the bill to final reading by voice vote.