On April 20, 2021, Indiana’s Governor Holcomb signed into law a pregnancy accommodation bill. The law will apply to employers with at least 15 employees when it goes into effect on July 1, 2021. Under this new law, an employee may request an accommodation related to pregnancy, childbirth or any related medical conditions. The employer must respond to the employee’s request within a reasonable amount of time; however, the employer is not required to provide an accommodation pursuant to this new state law. While the law protects the employee from retaliation for requesting or using an accommodation, failure to accommodate is not considered retaliation. However, as this new law does not preempt any state or federal laws, employers will need to keep in mind existing sex discrimination, pregnancy discrimination, family medical leave, disability and childbirth discrimination laws, which may obligate employers to provide accommodations.
In response to the law’s limited effect on covered employers, Governor Holcomb, an advocate for pregnancy accommodations legislation, also signed an executive order granting pregnant employees in state agencies the right to reasonable workplace accommodations, including longer break periods. While the executive order only applies to state agencies, not private employers or county hospitals, it indicates the governor’s support for stricter workplace accommodations for pregnant women.
For now, covered employers in Indiana should not be significantly impacted by this new pregnancy accommodation law, provided they timely respond to a pregnant employee’s request for an accommodation and otherwise adhere to state and federal anti-discrimination and leave laws as mentioned above. However, employers take note, as adhering to state and federal laws and understanding pregnant workers’ rights are becoming more complicated. Due to the evolving nature of this area of the law, employers are encouraged to confer with legal counsel when such issues arise, especially before denying a pregnant worker’s accommodation request.
If you have any questions on issues discussed in or related to this post, please contact:
- Kevin Stella at (317) 977-1426 or kstella@wp.hallrender.com;
- Claire Bailey at (317) 429-3608 or cbailey@wp.hallrender.com; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer an individual’s questions that may constitute legal advice.
