HB352 Alabama 2021 Session

Summary

Primary Sponsor

Neil RaffertyRepresentative

Democrat

Session

Regular Session 2021

Title

Pregnant Workers Fairness Act, to provide workplace protections against pregnancy discrimination and related medical conditions, Secs. 25-15-1 to 25-15-7, inclusive, added; Secs. 25-2-2, 25-2-7 am'd.

Summary

HB352 creates the Alabama Pregnant Workers Fairness Act to protect pregnant workers by requiring reasonable accommodations and enforcement through the Department of Labor.

What This Bill Does

Requires employers with 15 or more employees to provide reasonable accommodations for pregnancy-related conditions unless doing so would cause undue hardship. Prohibits discrimination or retaliation for requesting or using accommodations and forbids forcing an employee to take leave when a reasonable accommodation is available. Establishes a required interactive process to identify effective accommodations and lists examples such as breaks, seating, light duty, lactation breaks, and time off to recover. Allows employees to sue in their county for violations and authorizes remedies like back pay, damages, and attorney's fees, while authorizing the Department of Labor to enforce the act and require notice to employees.

Who It Affects

• Employees and job applicants who are pregnant or have related medical conditions, who would be entitled to reasonable accommodations and protections from discrimination.
• Employers with 15 or more employees (subject to the 20-week work period rule) who must provide accommodations, post notice, and comply with enforcement and remedies.

Key Provisions

• Establishes the Alabama Pregnant Workers Fairness Act as Chapter 15 of Title 25 and defines its scope and purpose.
• Defines key terms: EMPLOYER (15+ employees), REASONABLE ACCOMMODATION, RELATED MEDICAL CONDITION, and UNDUE HARDSHIP.
• Unlawful practices include refusing reasonable accommodations, taking adverse action for accommodation requests, denying employment opportunities due to accommodation needs, and forcing leave when an accommodation exists.
• Requires a timely, good-faith interactive process to identify effective accommodations; examples include breaks, equipment changes, seating, temporary transfer, job restructuring, light duty, lactation breaks, and time off to recover.
• Burden on employers to prove undue hardship with factors such as cost, resources, and business size; presumes no undue hardship if a similar accommodation is provided to other class of employees.
• Mandates written notice of rights to new hires and existing employees by a specified date; notice must be posted at the workplace.
• Allows civil action in the county where the applicant worked or applied; provides remedies including attorney's fees, back pay, and damages; does not require administrative action first.
• The Department of Labor is designated to administer and enforce the Act, and the act does not preempt stronger protections available under other laws.
• Effective date is the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Employment