We’re Pregnant: New State Law Protections for Pregnant Employees

Source: Theresa A. Kelly and Alba V. Aviles, Employee Benefit Plan Review ,Vol. 72, No. 12, November/December 2018
(subscription required)

Several states across the country (including most recently Connecticut and Massachusetts) have enacted legislation that provides additional protections to pregnant employees. In these laws, pregnancy is broadly defined to include not only pregnancy, but also childbirth and related conditions (such as lactation and expressing milk for a nursing child).

Many of these laws require an employer to reasonably accommodate a pregnant employee unless the employer can demonstrate that doing so would result in undue hardship—a difficult standard to meet. This article provides an overview of the recently enacted legislation in Connecticut and Massachusetts, as well as similar requirements in New Jersey and New York. ….