Senate Bill 2325

AN ACT TO PROHIBIT DISCRIMINATION IN EMPLOYMENT BASED ON PREGNANCY, CHILDBIRTH OR A RELATED CONDITION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act may be cited as the "Mississippi Pregnant Workers Fairness Act."

SECTION 2. It is the intent of the Mississippi Legislature to combat pregnancy discrimination, promote public health, and ensure full and equal participation for women in the labor force by requiring employers to provide reasonable accommodations to employees with conditions related to pregnancy, childbirth or a related condition. Mississippi historically has no workplace laws to protect pregnant women from being forced out or fired when they need only a simple, reasonable accommodation in order to stay on the job. Many pregnant women are single mothers or the primary breadwinners for their families; if they lose their jobs, then the whole family will suffer. This is not an outcome that families can afford in a difficult economy.

SECTION 3. (1) For the purposes of this act:

(a) The term "reasonable accommodations" includes, but is not limited to: more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, seating, temporary transfer to a less strenuous or hazardous position, job restructuring, light duty, break time and private nonbathroom space for expressing breast milk, assistance with manual labor, or modified work schedules; however:

(i) An employer is not required to create additional employment that the employer would not otherwise have created unless the employer does so or would do so for other classes of employees who need accommodation; and

(ii) An employer is not required to discharge any employee, transfer any employee with more seniority, or promote an employee who is not qualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees who need it.

(b) The term "related conditions" includes, but is not limited to, lactation or the need to express breast milk for a nursing child.

(c) The term "undue hardship" means an action requiring significant difficulty or expense when considered in light of the following factors:

(i) The employer has the burden of proving undue hardship. In making a determination of undue hardship, the factors that may be considered include, but are not limited to:

1. The nature and cost of the accommodation;

2. The overall financial resources of the employer;

3. The overall size of the business of the employer with respect to the number of employees and the number, type and location of its facilities; and

4. The effect on expenses and resources or other impact of an accommodation upon the operation of the employer.

(ii) The fact that the employer provides or would be required to provide a similar accommodation to other classes of employees who need it creates a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.

(2) An employer shall not:

(a) Refuse to make reasonable accommodations for any condition of a job applicant or employee related to pregnancy, childbirth or a related condition, if the employee or applicant so requests, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer's program, enterprise or business;

(b) Take adverse action against an employee who requests or uses an accommodation in terms, conditions or privileges of employment, including, but not limited to, failure to reinstate the employee to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other applicable service credits when her need for reasonable accommodations ceases;

(c) Deny employment opportunities to an otherwise qualified job applicant or employee, if the denial is based on the need of the employer to make reasonable accommodations to the known conditions related to the pregnancy, childbirth or related conditions of the applicant or employee; or

(d) Require an employee to take leave if another reasonable accommodation can be provided to the known conditions related to the pregnancy, childbirth or related conditions of an employee.

(3) The employer must engage in a timely, good-faith and interactive process with the employee to determine effective reasonable accommodations.

(4) (a) An employer must provide written notice of the right to be free from discrimination in relation to pregnancy, childbirth and related conditions, including the right to reasonable accommodations for conditions related to pregnancy, childbirth or related conditions, to:

(i) New employees at the commencement of employment;

(ii) Existing employees within one hundred twenty days (120) after the effective date of this act; and

(iii) Any employee who notifies the employer of her pregnancy within ten (10) days of receiving that notice.

(b) The notice must also be posted conspicuously at an employer's place of business in an area accessible to employees.

(5) (a) This section creates an actionable right for any person who is an employee and who believes that the person's employer has violated the provisions of this section. An employee who is aggrieved under this section may file a petition in the proper circuit court.

(b) If an employer is found to have violated the provisions of this section, the employee shall be awarded reasonable remedies to include attorney's fees, prejudgment interest, back pay, liquidated damages and one hundred percent (100%) of the difference of unpaid wages. If the employer is found to have willfully violated the provisions of subsection (2) of this section, the employee shall be awarded three hundred percent (300%) of reasonable remedies.

SECTION 4. This act shall be codified in Chapter 1, Title 71, Mississippi Code of 1972.

SECTION 5. This act shall take effect and be in force from and after July 1, 2021.