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2020 Regular Session
SENATE BILL NO. 287
BY SENATOR BARROW
EMPLOYMENT. Provides for reasonable accommodations for employees temporarily
disabled due to pregnancy, childbirth, or related medical conditions in the workplace.
(8/1/20)
1 AN ACT
2 To amend and reenact R.S. 23:341(A), and (B)(1), and 342, and to enact R.S. 23:341.1,
3 relative to employment; to provide for the reasonable accommodations of female
4 employees who become temporarily disabled due to pregnancy, childbirth, or related
5 medical conditions; to define certain terms; to provide terms and conditions of
6 employer accommodations; to provide for the equal treatment of employees; and to
7 provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 23:341(A) and (B)(1) and 342 are hereby amended and reenacted and
10 R.S. 23:341.1 is hereby enacted to read as follows:
11 §341. Application
12 A. The provisions of this Part shall apply only to an employer who employs
13 more than twenty-five fifteen employees within this state for each working day in
14 each of twenty or more calendar weeks in the current or preceding calendar year.
15 B.(1) For purposes of this Part, pregnancy, childbirth, and related medical
16 conditions are treated as any other temporary disability., except pregnancy-related
17 conditions need not meet any definition of disability to trigger an employer's
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1 obligation to provide reasonable accommodations under R.S. 23:342(B).
2 However, no employer shall be required to provide a female employee disability
3 leave on account of normal pregnancy, childbirth, or related medical condition for
4 a period exceeding six weeks.
5 * * *
6 §341.1. Definitions
7 For the purposes of this Part:
8 (1) "Reasonable accommodation" means:
9 (a) Making existing facilities used by employees readily accessible to and
10 usable by individuals with medical needs arising from pregnancy, childbirth, or
11 related medical conditions provided the employer shall not be required to
12 construct a permanent, dedicated space for expressing milk; however, nothing
13 in R.S. 23:342 exempts an employer from providing other reasonable
14 accommodations; and
15 (b) For individuals with medical needs arising from pregnancy,
16 childbirth, or related medical conditions providing more frequent or longer
17 break periods; providing more frequent bathroom breaks; providing a private
18 place, other than a bathroom stall for the purpose of expressing milk; modifying
19 food or drink policy; providing seating or allowing the employee to sit more
20 frequently if the job requires the employee to stand; providing assistance with
21 manual labor and limits on lifting; temporarily transferring the employee to a
22 less strenuous or hazardous vacant position, if qualified; providing job
23 restructuring or light duty, if available; acquiring or modifying equipment or
24 devices necessary for performing essential job functions; or modifying work
25 schedules.
26 (2) "Undue hardship" means an action requiring significant difficulty
27 or expense, when considered in light of all of the following factors:
28 (a) The nature and cost of the accommodation needed under this
29 Chapter.
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1 (b) The overall financial resources of the facility involved in the
2 provision of the reasonable accommodation, the number of persons employed
3 at the facility, the effect on expenses and resources, or the impact otherwise of
4 the accommodation upon the operation of the facility.
5 (c) The overall financial resources of the covered entity, the overall size
6 of the business of a covered entity with respect to the number of its employees,
7 the number, type, and location of its facilities.
8 (d) The type of operation of the covered entity, including the
9 composition, structure, and functions of the workforce of the entity, the
10 geographic separateness and the administrative or fiscal relationship of the
11 facility in question to the covered entity.
12 §342. Unlawful practice by employers prohibited; pregnancy, childbirth, or related
13 medical condition; benefits and leaves of absence; transfer of position
14 A. It shall be an unlawful employment practice unless based upon a bona fide
15 occupational qualification:
16 (1) For any employer, because of the pregnancy, childbirth, or related
17 medical condition of any female employee, to refuse to promote her, or to refuse to
18 select her for a training program leading to promotion, provided she is able to
19 complete the training program at least three months prior to the anticipated date of
20 departure for her pregnancy leave, or to discharge her from employment or from a
21 training program leading to promotion, or to discriminate against her in
22 compensation or in terms, conditions, or privileges of employment.
23 (2) For any employer to refuse to allow a female employee affected by
24 pregnancy, childbirth, or related medical conditions either:
25 (a) To receive the same benefits or privileges of employment granted by that
26 employer to other persons not so affected who are similar in their ability or inability
27 to work, including to take disability or sick leave or any other accrued leave which
28 is made available by the employer to temporarily disabled employees.
29 (b) To take a leave on account of pregnancy for a reasonable period of time,
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1 provided such period shall not exceed four months. Such employee shall be entitled
2 to utilize any accrued vacation leave during this period of time. "Reasonable period
3 of time" means that period during which the female employee is disabled on account
4 of pregnancy, childbirth, or related medical conditions. Nothing herein shall be
5 construed to limit the provisions of R.S. 23:341(C) or Subparagraph (2)(a) of this
6 Section. An employer may require any employee who plans to take a leave pursuant
7 to this Section to give the employer reasonable notice of the date such leave shall
8 commence and the estimated duration of such leave.
9 (3) For an employer who has a policy, practice, or collective bargaining
10 agreement requiring or authorizing the transfer of temporarily disabled employees
11 to less strenuous or hazardous positions for the duration of the disability to refuse to
12 transfer a pregnant female employee who so requests.
13 (4) For any employer to refuse to temporarily transfer a pregnant female
14 employee to a less strenuous or hazardous position for the duration of her pregnancy
15 if she so requests, with the advice of her physician, where such transfer can be
16 reasonably accommodated, provided, however, that no employer shall be required
17 by this Part to create additional employment which the employer would not
18 otherwise have created, nor shall such employer be required to discharge any
19 employee, transfer any employee with more seniority, or promote any employee who
20 is not qualified to perform the job.
21 B. It shall be an unlawful employment practice to:
22 (1) Fail or refuse to make reasonable accommodations for medical needs
23 arising from pregnancy, childbirth, or related medical conditions of an
24 applicant for employment or an employee, unless the employer can demonstrate
25 that the accommodation would impose an undue hardship on the operation of
26 the business of the employer. However, the employer is not required to make
27 any of the following provisions, unless the employer does so for other employees
28 or classes of employees that need a reasonable accommodation:
29 (a) Hire new employees that the employer would not have otherwise
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1 hired.
2 (b) Discharge an employee, transfer another employee with more
3 seniority, or promote another employee who is not qualified to perform the new
4 job.
5 (c) Create a new position, including a light duty position for the
6 employee, unless a light duty position would be provided for another equivalent
7 employee.
8 (d) Compensate an employee for more frequent or longer break periods,
9 unless the employee uses a break period which would otherwise be
10 compensated.
11 (2) To deny employment opportunities to a job applicant or existing
12 employee, if the denial is based on the need of the employer to make reasonable
13 accommodations to the known limitations for medical needs arising from
14 pregnancy, childbirth, or related medical conditions of an applicant for
15 employment or an existing employee.
16 (3) To require an applicant for employment or an existing employee
17 affected by pregnancy, childbirth, or related medical conditions to accept an
18 accommodation that the applicant or employee chooses not to accept, if the
19 applicant or employee does not have a known limitation related to pregnancy,
20 or if the accommodation is unnecessary for the applicant or employee to
21 perform the essential duties of her job.
22 (4) To require an employee to take leave under any leave law or policy
23 of the employer if another reasonable accommodation can be provided to the
24 known limitations for medical needs arising from pregnancy, childbirth, or
25 related medical conditions.
26 (5) To take adverse action against an employee in the terms, conditions,
27 or privileges of employment for requesting or using a reasonable
28 accommodation to the known limitations for medical needs arising from
29 pregnancy, childbirth, or related medical conditions.
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1 C. An employer shall provide written notice of the right to be free from
2 discrimination for medical needs arising from pregnancy, childbirth, or related
3 medical conditions, pursuant to this Section to new employees at the
4 commencement of employment, and existing employees prior to December 1,
5 2020. The notice required also must be conspicuously posted at an employer's
6 place of business in an area accessible to employees.
7 D. If an employee believes their rights have been violated under this
8 Section the employee may file a complaint with the Louisiana Commission on
9 Human Rights requesting an investigation of the complaint pursuant to R.S.
10 51:2257.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Yoursheka George.
DIGEST
SB 287 Original 2020 Regular Session Barrow
Present law makes the provisions of R.S. 23:341 applicable only to employers who employ
more than 25 employees within this state for each working day in each of 20 or more
calendar weeks in the current or preceding calendar year.
Proposed law retains present law but makes the provisions of R.S. 23:341 applicable to
employers who employ more than 15 employees within this state.
Present law provides that pregnancy, childbirth, and related medical conditions are to be
treated as any other temporary disability with the employer being relieved of any
responsibility to provide a female employee disability leave for a period exceeding six-
weeks following a normal pregnancy, childbirth, or related medical condition.
Proposed law retains present law but adds the caveat that pregnancy-related medical
conditions do not have to meet any definition of disability to trigger an employer's obligation
to provide reasonable accommodations under R.S. 23:342(B).
Present law makes it an unlawful employment practice for any employer to refuse to
promote, compensate, or train any female employee due to pregnancy, childbirth, or a related
medical condition.
Present law makes it an unlawful employment practice for any employer to refuse to allow
a female employee affected by pregnancy, childbirth, or related medical conditions to
receive the same benefits or privileges of employment granted by the employer to other
employees who are temporarily disabled.
Proposed law retains present law.
Present law provides that it is an unlawful employment practice for any employer to refuse
to temporarily transfer a pregnant female employee to a less strenuous or hazardous position,
per the female employee's request and with the advice of her physician, if the transfer can
be reasonably accommodated.
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Proposed law removes present law.
Proposed law makes it an unlawful employment practice for an employer to refuse to make
reasonable accommodations for medical needs arising from pregnancy, childbirth, or related
medical conditions for an applicant for employment or an existing employee unless the
employer first demonstrates that the accommodation would impose an undue hardship on
the operation of the business.
Proposed law defines the phrases "reasonable accommodation" and "undue hardship".
Proposed law provides that an employer is not required to make certain provisions for a
female employee due to pregnancy, childbirth or other medical condition if the employer
would not make the same provisions for other employees.
Proposed law requires employers to provide written notice to new and existing employees
of their discretionary power to accommodate the medical needs of a female employee arising
from pregnancy, childbirth, or related medical conditions.
Effective August 1, 2020.
(Amends R.S. 23:341(A) and (B)(1) and 342; adds R.S. 23:341.1)
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