Pregnant Workers’ Fairness Act

On June 2, 2017, Gov. Sandoval signed SB 253 into law, expanding Chapter 613. This amendment, also known as the Nevada Pregnant Workers’ Fairness Act, extends legal protections for pregnant employees to now include employees with conditions related to pregnancy, childbirth or associated medical conditions (including mental, physical and lactation-related conditions).

The law is similar to the federal Pregnancy Discrimination Act, enforced by the EEOC. Chapter 613 generally imposes additional leave provisions, discrimination prohibitions and reasonable accommodation requirements for employees and applicants with pregnancy-related conditions. Employers must provide modified tasks, alternative assignments, disability leave or leave without pay to an employee who is unable to perform her job due to pregnancy in the same manner that the employer provides to other disabled employees. Covered employers may require female employees to provide certification from their physician substantiating recommended accommodation requests if a similar request is made of other disabled employees. If an employer provides any benefits to workers on leave, they must provide the same for those on pregnancy-related leave.

Public and private employers with 15+ employees during each of 20 weeks in the current or preceding calendar year must comply with these additional provisions by Oct. 1, 2017. New employees must be notified of their rights upon starting employment, and existing employees must be notified within 10 days after they inform their supervisor about their pregnancy. Further, employers were required to give a written notice to existing employees of their rights by June 2, 2017, and a poster must be conspicuously displayed in a workplace area accessible to all employees by Oct. 1, 2017.

Affected employers should reach out to their advisor or legal counsel for additional information.

SB 253 »
Nevada Pregnancy Discrimination Information »