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One to Keep An Eye On: Pregnancy Reasonable Accommodation Act (Ohio)


As with many employment and labor law cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Recently, the Pregnancy Reasonable Accommodation Act was introduced in the Ohio Senate.  Under Senate Bill 301, pregnancy would be a protected disability.

Under the Bill, employers would be required to provide reasonable accommodations to pregnant employees.  Naturally, the question then becomes what is a reasonable accommodation.  Under this proposed legislation, "reasonable accommodation" includes more frequent or longer breaks; acquisition or modification of equipment, seating, or uniforms; assistance with manual labor; light duty; modified employment schedules; etc.  

However, one of the more striking parts of this Bill is the fact that a pregnant employee would not have to "accept an accommodation that the employee chooses not to accept." (!!!!).  Readers might remember that under the Americans with Disabilities Act ("ADA"), an employer is required to offer an employee covered under the Act a "reasonable" accommodation.  Senate Bill 301, on the other hand, would require an employer to offer the employee that employee's choice of accommodation.

It goes without saying that this is a far reaching, and I emphasize far reaching, piece of legislation that could drastically impact employers in Ohio.  At this point, the bill has a ways to go before coming law...but it appears to have support on both sides of the aisle.  Ohio employers beware, if passed, this law could have major implications.



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