BILL NUMBER:S2706

TITLE OF BILL:  An act to amend the executive law, in relation to
requiring the provision of reasonable accommodations for pregnant
women

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 292, subdivision 21-e of the Executive Law to
expand the definition of 'reasonable accommodation' to include actions
taken by an employer to address the needs of employees who are
pregnant.

Section 2 amends section 296, subdivision one of the Executive Law to
make it illegal to refuse to provide reasonable accommodation to an
employee for conditions related to pregnancy.

Section 3 establishes the effective date.

JUSTIFICATION:

Current workplace laws are inadequate to protect pregnant New Yorkers
from being forced out or fired when they need 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, including newborns
              

and older children. This is not an outcome that families can afford in
today's difficult economy.

Under New York Law, employers are not required to make reasonable
accommodations for pregnant women (unless she has a pregnancy related
disability). As a result, pregnant women are often forced to take
unpaid leave or are fired for requesting a small accommodation. For
example, a New York waitress can be fired because she is 8 months
pregnant and needs more frequent restroom breaks.

The reasonable accommodation framework has worked for employers who
are required to accommodate people with disabilities. Unlike most
disabilities, pregnancy is only temporary, and pregnancy
accommodations are often less costly to employers since additional
equipment is usually unnecessary. California has enacted similar
legislation. The most frequent accommodations involve limits on
lifting, access to places to sit, and more frequent bathroom breaks.

Working during pregnancy can be a beneficial choice for many women. By
working extra months, women can earn additional income and achieve
increased seniority. Moreover, women who work during pregnancy may be
able to take a longer period of leave following childbirth, which in
turn facilitates breastfeeding, bonding with and caring for a new
child, and recovering from childbirth. Pregnant women who are forced
to leave their jobs often have no choice but to use government
resources such as public assistance, Medicaid and WIC, draining
taxpayer funds. A pregnancy reasonable accommodation law can lead to
taxpayer savings while also keeping women in the workforce.

FISCAL IMPLICATIONS TO THE STATE:


Minimal.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law.