H.136, addressing reasonable accommodation for pregnancy, was signed into law by the Governor on May 4. The nominal intent of the bill as introduced was to ensure that employees who have a performance related disability owing to pregnancy are treated the same as an employee similarly disabled unrelated to pregnancy. As reported previously, AIV had concerns about the bill as introduced and passed by the House, which could have created uncertainty for employers and liability for accommodations above and beyond what was nominally intended and beyond the federal guidance that the bill sought to replicate at the state level.
However, AIV, along with other allied business organizations, worked directly with the Attorney General’s office to negotiate alternative language to accomplish the nominal intent of the bill that was significantly more simple and straightforward and ultimately more workable and acceptable to employers. The Senate adopted this consensus language in its version of the bill and the House subsequently agreed. Although AIV feels that federal law and employers’ reasonable discretion in this area was sufficient, the final result appears to be a more reasonable compromise.
Members and non-members are encouraged to review the final version of the bill, as well as earlier versions, by clicking here. If you have any questions or concerns, don’t hesitate to contact us at firstname.lastname@example.org.