GLASS Report: Legislative Action Alert: Bill No. 130687 - Philadelphia City Council - Philadelphia’s Mayor Michael Nutter signs Law Requiring Employers to Accommodate Pregnant Employees

On January 20, 2014, Mayor Nutter  signed into a law Bill No. 130687, an ordinance amending Chapter 9-1100 of The Philadelphia Code, entitled "Fair Practices Ordinance: Protections Against Unlawful Discrimination," by requiring reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition and making technical changes, all under certain terms and conditions.  As a result, employers will now be responsible to provide reasonable accommodations to pregnant employees that do not cause an undue hardship. 

The term “reasonable accommodation” shall mean an accommodation that can be made by an employer in the workplace that will allow the employee to perform the essential functions of the job. Reasonable accommodations include, but are not limited to, restroom breaks, periodic rest for those who stand for long periods of time, assistance with manual labor, leave for a period of disability arising from childbirth, reassignment to a vacant position, and job restructuring.

Employers will be required to provide these ‘reasonable accommodations” unless there is an “Undue hardship’ borne by the employer in the process of providing these “reasonable accommodations.”

The employer shall have the burden of proving undue hardship. For purposes of this Section 9-1128, factors to be considered in making a determination of undue hardship shall include, but not be limited to the following:

(a) The nature and cost of the accommodations;

(b) The overall financial resources of the employer’s facility or facilities involved in the provision of the reasonable accommodations, including the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodations upon the operation of the employer;

(c) The overall financial resources of the employer, including the size of the employer with respect to the number of its employees and the number, type and location of its facilities; and

(d) The type of operation or operations of the employer, including the composition, structure and functions of the workforce, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer.

The Ordinance became effective immediately.  There is a mandatory posting requirement that requires employers to post a notice of rights by April 20, 2014.  The Philadelphia Commission on Human Rights will be developing the poster.