South Carolina: New Pregnancy Accommodations Act

On May 17, 2018, Governor McMaster signed the New Pregnancy Accommodations Act (HB 3865) into law, effective immediately, which prohibits discrimination on the basis of pregnancy, childbirth, or related conditions. This includes failing or refusing to hire, bar, or discharge an employee/applicant from employment, denying employment opportunities based on a protected category or the need for reasonable accommodations, or requiring employees/applicants to accept an accommodation that they choose not to accept if they do not have a known limitation or it is unnecessary for the performance of their essential duties.

Additionally, employers must provide reasonable accommodations to employees on the basis of pregnancy and related conditions, including lactation, in the same manner that reasonable accommodations are provided for non-pregnancy related conditions. Reasonable accommodations may include more frequent or longer rest periods, providing a private place other than a bathroom stall to express milk, providing assistance with lifting or more frequent sitting, or modifying work schedules.

Finally, all new hire employees must now receive notice of their rights and protections under the new Act at the time of hire, and existing employees must receive such notice by September 14, 2018. The notice must also be posted in a conspicuous area accessible to employees. However, the state Human Affairs Commission (SHAC) has not yet provided a poster or notice compliant with the Act.