This bill passed party lines in the House Labor&Industry Committee 14-12.
The Bill: HB1411 Representative Morgan Cephas(D)
Title: Menopause and Perimenopause Workplace Protections and Accommodations Act
What Does it Mean: It would require employers to provide accommodations for pregnancy-related and menopause-related conditions.
- Cover conditions tied to pregnancy, childbirth, menopause and related needs such as lactation
- Require accommodations unless the employer can show undue hardship (significant difficulty or expense). Examples include more frequent breaks, modified schedules, temporary transfer to lighter duty, job restructuring, equipment changes, and private non-bathroom space and break time for expressing breast milk.
- Bar employers from refusing an accommodation, forcing leave when another accommodation would work, or retaliating against someone who requests or receives one.
- Require written notice of these rights to new and existing employees, and a posted notice at the workplace.
The bill does not limit coverage by employer size.
The Go Big Small Biz Network’s Position: Oppose, Why….
No size exemption for small businesses.
New legal exposure. An employer who denies a requested accommodation must prove “undue hardship.” The bill also bans retaliation and requires written and posted notices. That is another compliance and lawsuit risk for businesses without an HR department.
Scheduling and cost. Required accommodations include more or longer breaks, modified schedules, temporary transfers, and job restructuring. For a cafe, shop, or salon, that can mean paid coverage or lost capacity.
Hiring effect. In the Sept. 29 Labor & Industry hearing, Rep. Scott Barger argued the bill would make mid-career women more costly to hire and that some employers would avoid that cost. A small-business group focused on hiring flexibility would treat that as a predictable unintended consequence, even though the bill itself forbids discrimination.
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Any Questions?
Email me, tracey@gobigsmallbiz.com
Thanks,
Tracey and Jeff Wakeen
