The New South Carolina Pregnancy Accommodations Act
and Revised EEO Statements

On May 17, 2018, South Carolina Governor Henry McMaster signed one of the most significant new pieces of state legislation impacting employers in recent years. The South Carolina Pregnancy Accommodations Act will, among other things, require employers to notify employees of their right to be free from discrimination on the basis of pregnancy, childbirth or related medical conditions. This new notice requirement went into effect immediately as to all new employees, and must be satisfied no later than September 14, 2018, for all existing employees.

The S.C. Human Affairs Commission (SCHAC) has released an updated employment discrimination poster that summarizes the state’s new Pregnancy Accommodations Act as well as other provisions of the S.C. Human Affairs Law. A copy of this required poster is attached to this newsletter. It must be prominently displayed along with all of the other Federal and State labor law posters.

The Pregnancy Accommodations Act requires employers in South Carolina with 15 or more employees to:

1. Provide reasonable accommodations to pregnant employees and new mothers;
2. Notify employees hired on or after May 17, 2018, in writing at the time of hire of their “right to be free from discrimination for medical needs arising from pregnancy, childbirth, or related medical conditions,” including lactation;
3. Notify employees hired before May 17, 2018, of that right on or before September 14, 2018; and
4. Post notice of that right “conspicuously . . . in an area accessible to employees” by September 14, 2018.

The new poster, which is available in English and Spanish, assists employers in complying with the notice and posting requirements.

Additionally, all employers should have a standard statement on equal employment opportunities which is listed in their employee handbooks, employment applications and other organizational documents. As a result of recent changes from the U.S. Equal Employment Opportunity Commission (EEOC) as well as the new South Carolina Pregnancy Discrimination Act, as stated above, all employers should immediately adopt the below revised EEO statement and insure that it is included in all organizational documents.

New Equal Employment Opportunity Statement

It is the policy of XXX to hire qualified individuals to perform all of the various duties and tasks which are assigned. An integral part of this policy is to insure that the hiring, transfer, promotions, terminations, working conditions, benefits, compensation, training and all other terms and conditions of employment are conducted without regard to race, color, religion, sex, sexual orientation, gender identity, genetic information, age, national origin or physical or mental disability including pregnancy and childbirth (or related medical conditions, including but not limited to lactation), political affiliation, military service or other non merit based factors. Our objective is to provide equal employment opportunities for everyone.

A company’s best defense against the potential expense and aggravation related to federal or state law violations is to proactively review and revise as needed all Human Resources policies, handbooks, hiring procedures, compensation, benefits, training programs, communications tools and other functions. The professionals of PHHR are ready to assist your organization with this type of training as well as to maintain compliance with the latest state and federal mandates.

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Paul Hilton is a certified Human Resources Consultant, located in Columbia, SC.
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