S.C. Code Regs. § § 65-30
Current through Register Vol. 48, No. 11, November 22, 2024
Section 65-30 - Guidelines EstablishedGuidelines Established for accommodations arising from pregnancy, childbirth, and related medical conditions, including but not limited to lactation.
a. To deny an employee a reasonable accommodation when a medical need arises from pregnancy, childbirth or a related medical condition shall be an unfair discriminatory practice within the meaning of Section 1-13-80(A)(4)(a) of the South Carolina Human Affairs Law, unless the employer can demonstrate that the accommodation would pose an undue hardship on the operation of the business of the employer.b. Accommodation requests shall apply to both married and unmarried pregnant employees.c. An employer may be found in violation of 1-13-80(A)(4)(e) if it takes adverse action against an employee in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions. However, in order for the employee to prevail in demonstrating a violation, the evidence must show that it is more likely than not that retaliation has occurred. It is not the employer's burden to disprove the claim. Evidence of retaliation may include, for example, suspicious timing, verbal or written statements, falsity of the employer's proffered reason for the adverse action, or any other pieces of evidence which, when viewed together, may permit an inference of retaliatory intent.d. Notice of the right to be free from discrimination or retaliation for medical needs arising from pregnancy, childbirth, or related medical conditions, shall be conspicuously posted at the employer's place of business. If no place of business is located in South Carolina, or if an employee works from home, then the employer shall notify employees of this right in writing.Replaced and amended by State Register Volume 43, Issue No. 05, eff. 5/24/2019.