Oregon: NEW Pregnancy Accommodation Requirements for Employers

Next year, employers with six or more employees will need to provide job applicants and employees with reasonable accommodations for medical conditions related to pregnancy, including childbirth and lactation. Accommodations may include acquisition or modification of equipment or devices, more frequent or longer rest periods, assistance with manual labor, or modification of work schedules or job assignments.

Employers are required to provide a written notice of the Employer Accommodation for Pregnancy Act to new hires at the time of hire, and to all current employees by June 29, 2020. Written notice must also be provided to an employee within 10 days of disclosing a pregnancy. There are also employer posting requirements.

Employers are prohibited from refusing to hire an applicant based on a need for a reasonable accommodation; taking adverse action against an employee for asking about, requesting, or using a reasonable accommodation; requiring an employee to accept unnecessary reasonable accommodations; or use any statutorily-provided family leave (e.g., FMLA) instead of a reasonable accommodation. Employers are not required to provide a reasonable accommodation if it would cause an undue hardship such that it requires significant difficulty or expense. Employers are recommended to consult with legal counsel before refusing an accommodation.