Nevada Pregnant Worker's Fairness Act Poster Required

For informational purposes only. Project supported by the Health Resources and Services Administration (HRSA) and the U.S. 
Department of Health and Human S	ervices (HHS) under Grant No. B0	4MC29352	/B04	MC30626	, Title V Maternal Child Health 	
Program.  This information or content and conclusions are those of the author and should not be construed as the official 
position or policy of, nor should any endorsements be inferred by HRSA, HHS or the U.S. Government. 	 	
 
Nevada 	Division of Public and Behavioral Health	 	
Pregnancy Fairness Act	 	
Senate Bill (SB) 253 of the 79	th Session of the Nevada Legislature 	
(https://www.leg.state.nv.us/Session	/79th2017/Bills/SB/SB253_EN.pdf	) 	
 	
The Nevada Pregnant Workers	’ Fairness Act 	(SB 253 of the 79	th Session of the Nevada 	
Legislature) 	provides protections to female employees and applicants for employment who are 	
affected	 by a condition of the employee	 or a	pplicant relating to pregnancy, childbirth	, or a related 	
medical condition	.  SB 253 had an effective date 	upon approval,	 in part	 (employer providing 	
written notice to existing employees)	, and in full on October 1, 2017	, and aligns Nevada law with 	
federal r	equirements	.  	
 
The Nevada Pregn	ant Workers’ Fairness Act applies	 to employers with more than 15 employees	.  	
This includes	 state and local g	overnments, but may not include 	some employers	, such as 	those 	
on Indian reservations and employers 	who prove	 undue ha	rdship	 as defined by SB	 253	. 	
 
Employers	 are required 	to provide reasonable accommodations to employees 	(and applicants for 	
employment	) for a condition relating to pregnancy, childbirth, or a related medical condition	, 	
unless the accommodation would impose 	an undue hardship on the business of the employer.	 	
Lactation	, or the need to express breast milk for a nursing child	, is defined as a related medical 	
condition.	 	
Pregnant women	 are protected	 from termination due to refusal of their employer to provide a 	
rea	sonable accommodation	. 	
 
To prove undue hardship, the employer must demonstrate the accommodation is significantly 
difficult to provide or expensive considering without limitation the nature and cost of the 
accommodation; overall financial resources of the 	employer, the overall size of the business with 	
respect to the number of employees, type and location of the available facilities, and the effect 
of the accommodation on the operations of the employer. 	 	
 
The Nevada Pregnant Workers’ Fairness Act m	akes it u	nlawful to refuse a reasonable 	
accommodation request from an employee or applicant for employment	.   	
Employers may not	 take adverse employment acti	on because of a request for or 	use 	of a 	
reasonable accommodation, 	including refusing to promote or reinstate,	 or forcing employee to 	
transfer, or other undesired actions relating to	 employment terms or condition.

For informational purposes only. Project supported by the Health Resources and Services Administration (HRSA) and the U.S. 
Department of Health and Human S	ervices (HHS) under Grant No. B0	4MC29352	/B04	MC30626	, Title V Maternal Child Health 	
Program.  This information or content and conclusions are those of the author and should not be construed as the official 
position or policy of, nor should any endorsements be inferred by HRSA, HHS or the U.S. Government. 	 	
 
Employers many not	 deny employment to an otherwise qualified employee or applicant	 based 	
on their need 	for a reasonable accommodation or 	require an emp	loyee to either accept an 	
accommodation they did not request or choose not to accept or to take employment leave if a 
reasonable accommodation is available allowing 	the employee	 to continue to work	. 	
 
A reasonable accommodation 	is described 	as an action rel	ating to an employee 	(or applicant	) 	
request for accommodation for a condition relating to pregnancy, childbirth, or a related medical 
condition	.  A	 timely, good faith, and interactive process to determine an effective and reasonable 	
accommodation	 is requir	ed	.  This may consist of changes in work environment, or the customary 	
way things are carried out	, and 	requires equal employment opportunities,	 along with	 benefits 	
and privileges	. 	
 
Examples of accommodations	 or customary way 	in which things are carried out	 may include:	 	
modifying equipment, seating, or break schedules (frequency and duration); provision of non	-	
bathroom space for expressing breastmilk; assistance with manual labor if manual labor is 
incidental to the primary work duties of the employee; light	 duty; temporary transfer; or 	
restructuring a position or providing a modified work schedule.  	 	
 
Employer	s do	 not have to create a new position, discharge	, or transfer another employee, or 	
promote an unqualified employee	. 	
 
An employer may 	require a	n employ	ee to provide an	 explanatory statement from their	 physician 	
concerning the specific accommodation recommended by the physician for the employee.	 	
 
Written notice must be provided by the employer relating to the employee right to reasonable 
accommodation for	 a condition relating to pregnancy, childbirth, or a related medical condition	. 	
W	ritten notice shall be given to a new employee upon commencement of employment, within 	
10 days of employer notification of pregnancy	, and employer shall post notice in a consp	icuous, 	
employee	-accessible place.