H.136, addressing reasonable accommodation for pregnancy, was signed into law by the Governor last May, but has now gone into effect this month. The nominal intent of the law as first proposed 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 appeared to be a more reasonable compromise.
If you have any questions or concerns, don’t hesitate to contact us at firstname.lastname@example.org.