HB 2341: Oregon Accommodations for Pregnancy Related Conditions

HB 2341: The Oregon Legislature recently passed House Bill 2341 (2019) which provides additional employee protections related to pregnancy, childbirth or a related medical condition, including lactation.1 The law becomes effective January 1, 2020.

Existing state law has long prohibited employers from discriminating against pregnant employees. Additionally, the Oregon Family Leave Act provides up to 12 weeks of protected leave to eligible employees of covered employers for qualify conditions. In the case of pregnancy disability, an employee may also qualify for up to an additional 12 weeks of leave.

Under HB 2341, employers with six or more employees will also need to provide reasonable accommodations for employees with pregnancy related conditions. Specifically, HB 2341 makes it unlawful for an employer to:

• Deny employment opportunities to an applicant or employee based on the need to make reasonable accommodation to the known limitations relating to pregnancy, childbirth or a related medical condition, including but not limited to lactation;
• Fail or refuse to make reasonable accommodation to these known limitations, unless the accommodation would impose an undue hardship;
• Take an adverse employment action or in any manner discriminate or retaliate against an applicant or an employee, with respect to hire or tenure, or any other term or condition of employment, because the applicant or employee has inquired about, requested or used a reasonable accommodation;
• Require an applicant or an employee to accept a reasonable accommodation that is unnecessary to perform the essential duties of the job or to accept a reasonable accommodation if the applicant or employee does not have a known limitation; or
• Require an employee to take family leave, or any other leave, if the employer can make reasonable accommodation to the known limitations.

This information provided on this website is meant to provide general information and does not constitute as legal/ medical advice.