Workplace Accommodations for Pregnancy-Related Conditions.
It is an unfair practice for an employer to fail to make reasonable accommodations for an employee's pregnancy or pregnancy-related health conditions, including the need to express breast milk, unless the employer can demonstrate that doing so would impose an undue hardship on the employer's program, enterprise, or business.
Employers. The requirement applies to any employer with fifteen or more employees, but does not include any religious or sectarian organization not organized for private profit.
Reasonable Accommodation. "Reasonable accommodation" means:
Undue Hardship. "Undue hardship" means an action requiring significant difficulty or expense. However, an employer may not claim undue hardship for accommodations on providing more restroom breaks, modifying a no food or drink policy, providing seating or allowing the employee to sit more often if the employee's job requires standing, or for providing limits on lifting over 17 pounds.
Enforcement. The Attorney General's Office has jurisdiction to investigate complaints and enforce the reasonable accommodation provisions. In addition to the complaint process through the Attorney General's Office, an aggrieved person has a civil cause of action in court to enjoin further violations and recover the actual damages, plus reasonable attorneys' fees and costs.
These provisions do not preempt or limit any other provision relating to pregnancy or diminish or limit legal protections for pregnancy or pregnancy-related health conditions.
Jury Duty.
A person is qualified to be a juror if that person is over age 18, a United States citizen, a resident of the county of service, able to communicate in English, and has not been convicted of a felony for which civil rights have not been restored. Jurors are randomly selected from a jury source list made up of the list of registered voters, licensed drivers, and identicard holders in each county. The court sets the length and number of jury terms within a 12-month period, subject to statutory requirements.
A person may not be excused from jury service except upon a showing of undue hardship, extreme inconvenience, public necessity, or any reason deemed sufficient by the court for a period of time the court deems necessary. However, the court must grant a request for excusal from a person who is 80 years of age or older if the person attests that he or she is unable to serve due to health reasons.
A prospective juror excused from juror service for a particular time may be assigned to another jury term. When the jury source list has been fully summoned and additional jurors are needed, jurors who have already served may be summoned again for service. A juror who has previously served may be excused if he or she served at least one week of juror service within the preceding 12 months.
Workplace Accommodations for Pregnancy-Related Conditions.
The provisions governing workplace accommodations for pregnancy-related conditions are shifted to a new chapter in Title 49 RCW.
Employers. The definition of employer is expanded to also include any employer who employs one or more persons and any religious or sectarian organization not organized for private profit, thereby subjecting those employers to the requirements regarding workplace accommodations for pregnancy-related conditions.
Reasonable Accommodation. The definition of reasonable accommodation is expanded to include scheduling flexibility for postpartum visits.
For purposes of reasonable break times and locations for an employee to express breast milk, those break times and any time spent travelling to the private location must be paid to the employee at his or her regular compensation rate. The employee must not be required to use paid leave during the break or travel time, and these breaks are in addition to any meal and rest periods required by the Industrial Welfare Act.
Enforcement. The authority for the Attorney General's Office to enforce the provisions is removed; instead, the Department of Labor and Industries (L&I) is directed to enforce the provisions. Prior to issuing any order, L&I must first contact the employer and attempt in good faith to reach agreement on reasonable accommodation or interim accommodation. If L&I and the employer are unable to reach agreement, L&I may issue a temporary order immediately restraining any such condition, practice, method, process, or means in the workplace that violates the requirements. This temporary order may be in effect no longer than 90 calendar days. To extend the order beyond 90 calendar days, L&I must seek a restraining order, or other such relief as appears appropriate under the circumstances, in the superior court of the county wherein such condition of employment or practice exists. L&I may assess civil penalties for a violation.
L&I must adopt rules for purposes of implementing and enforcing the bill, including rules establishing processes for enforcement, appeals, and collections. The rules must be at least equal to enforcement of the protections provided in the Minimum Wage Act.
Jury Duty.
A court must grant a request for delay or excusal from jury service if the person attests that he or she is unable to serve due to having an infant under 12 months old. The court must develop an attestation form, which may not require a doctor's note.