Labor and Employment Compliance: Nevada Passes Pregnancy Accommodation Act
On June 2, 2017, Nevada Governor Brian Sandoval signed Senate Bill 253. This law will become effective on October 1, 2017, and applies to all employers of 15 or more employees in Nevada. Pursuant to the new law, covered employers must provide reasonable accommodations to applicants or employees with health conditions related to pregnancy or physical recovery from childbirth, unless the accommodation would cause the employer undue hardship—which would take into account several factors.
Employers are required to provide newly hired employees with written notice of their right to be free of discriminatory or unfair employment practices under this law (At the time of passage, no mention of a model form being supplied by the state was made.) Also, employers must provide a second notice within ten (10) days after the employee notifies her immediate supervisor that she is pregnant, and continue to post a notice of these rights in its place of business. This notification provision took effect immediately upon passage of the law, so employers should distribute rights notifications as of the June 2 effective date.
While there are no specific penalties associated with the posting, it is important for employers to be mindful that the law states employers should not be held liable for punitive actions in a civil suit for failure to provide reasonable accommodation where the employer made a good faith effort to identify and accommodate affected employees. Providing the required notifications is the first step in establishing that good faith effort.
Nevada joins the growing list of states requiring new hire notifications for pregnancy accommodation. Employers should make it a point to regularly check the state landscape to ensure compliance with new requirements across all locations in which they do business.
Equifax Workforce Solutions can help simplify compliance with required state new hire notifications with our State Compliance Solution available through Compliance Center, our streamlined digital portal designed to optimize the management of onboarding complexities across multiple hiring locations. Our State Compliance Solution provides monitoring of state legislation to identify and incorporate new and updated required new hire notifications. Equifax develops the electronic notifications for you, and the rules-based system delivers the required forms, at the right time, to your new hire to help deliver a positive initial experience while keeping you current with changes in state new hire legislation.
Contact us to learn how Equifax can help your organization.
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