An Act To Protect Pregnant Workers
Maine Legislature, Session 129, LD 0666
Committee: Labor and Housing
Sponsors: CARNEY, SANBORN, CROCKETT, DAUGHTRY, MILLETT, RECKITT, BREEN, DOW, MOORE
Amends: 5 MRSA §4553, 5 MRSA §4572-A

Legislative Document
No. 666
H.P. 487
House of Representatives, February 7, 2019
An Act To Protect Pregnant Workers
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARNEY of Cape Elizabeth.
Cosponsored by Senator SANBORN, H. of Cumberland and
Representatives: CROCKETT of Portland, DAUGHTRY of Brunswick, MILLETT of 
Waterford, RECKITT of South Portland, Senators: BREEN of Cumberland, DOW of Lincoln, 
MOORE of Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4553, sub-§8-E is enacted to read:
8-E.  Pregnancy-related condition.  "Pregnancy-related condition" means a 
limitation of an employee's ability to perform the functions of a job caused by pregnancy, 
childbirth or a medical condition related to pregnancy or childbirth.
Sec. 2.  5 MRSA §4572-A, as amended by PL 1995, c. 393, §14, is further 
amended to read:
§4572-A.  Unlawful employment discrimination on the basis of sex
1.  Sex defined. For the purpose of this Act, the word "sex" includes pregnancy and 
medical conditions which that result from pregnancy.
2.  Pregnant persons who are able to work.  It shall be is unlawful employment 
discrimination in violation of this Act, except where based on a bona fide occupational 
qualification, for an employer, employment agency or labor organization to treat a 
pregnant woman person who is able to work in a different manner from other persons 
who are able to work.
2-A.  Accommodations for pregnancy-related conditions.  Accommodations for 
pregnancy-related conditions are set forth in this subsection.
A.  Nothing in this section may be construed to indicate or deem that a pregnancy-
related condition necessarily constitutes a disability.
B.  It is unlawful employment discrimination in violation of this Act for an employer 
to fail to provide a reasonable accommodation for an employee's pregnancy-related 
condition, unless it would impose an undue hardship on the employer.
C.  An employee with a pregnancy-related condition, regardless of whether the 
employee is a person with a physical or mental disability as defined in section 
4553-A, has the same rights and is subject to the same standards with respect to the 
provision of a reasonable accommodation as a qualified individual with a disability as 
defined in section 4553, subsection 8-D.
D.  Nothing in this section may be construed to diminish the rights, privileges or 
remedies of an employee pursuant to federal or state law, a collective bargaining 
agreement or an employment contract.
3.  Pregnant persons who are not able to work.  It shall also be is unlawful 
employment discrimination in violation of this Act, except where based on a bona fide 
occupational qualification, for an employer, employment agency or labor organization to 
treat a pregnant woman person who is not able to work because of a disability or illness 
resulting from pregnancy, or from medical conditions which that result from pregnancy, 
in a different manner from other employees who are not able to work because of other 
disabilities or illnesses.
4.  Employer not responsible for additional benefits. Nothing in this section may 
be construed to mean that an employer, employment agency or labor organization is 
required to provide sick leave, a leave of absence, medical benefits or other benefits to a 
woman person because of pregnancy or other medical conditions that result from 
pregnancy, if the employer, employment agency or labor organization does not also 
provide sick leaves, leaves of absence, medical benefits or other benefits for the 
employer's other employees and is not otherwise required to provide those leaves or 
benefits under other state or federal laws.
SUMMARY
This bill provides that it is unlawful employment discrimination for an employer to 
fail to provide a reasonable accommodation for an employee's pregnancy-related 
condition, unless provision of an accommodation would impose an undue hardship on the 
employer.