NEW GUIDANCE: South Carolina Publishes FAQs For New State Pregnancy Accommodations Act

Earlier this year, South Carolina passed an amendment to the state’s Human Affairs Law, which requires employers with at least 15 employees to provide reasonable accommodations to employees with a “pregnancy-related condition” (i.e.  medical needs arising from pregnancy, childbirth, or other related medical conditions), unless the employer can demonstrate the accommodation would impose an undue hardship. (See our article “South Carolina Adds to Existing Pregnancy Accommodation Requirements” for more information about this amendment).

To help employers better understand their obligations under this new law, the South Carolina Human Affairs Commission has published Frequently Asked Questions addressing the new amendment.  It is recommended that all South Carolina employers review these FAQs.

In addition, please remember that employers must provide all existing employees with a written notice explaining employees’ rights under the Pregnancy Accommodations Act no later than September 14, 2018.  In addition, employers will be required to provide this written notice to all new employees at the beginning of employment.  This requirement can be satisfied by:

  1.  Updating an existing policy in the Handbook (e.g. the equal employment opportunity policy or reasonable accommodation policy) or
  2. Creating and distributing a separate notice.