Pregnancy accommodations

AN ACT Relating to expanding pregnancy-related accommodations; 1
and amending RCW 43.10.005 and 2.36.100. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 43.10.005 and 2020 c 111 s 1 are each amended to 4
read as follows: 5
(1) The definitions in this subsection apply throughout this 6
section unless the context clearly requires otherwise.7
(a) "Employer" has the same meaning as and shall be interpreted 8
consistent with how that term is defined in RCW 49.60.040, except 9
that for the purposes of this section only ((the threshold of 10
employees must be fifteen or more )), employer includes any employer 11
who employs one or more persons and any religious or sectarian 12
organization not organized for private profit. 13
(b) "Pregnancy" includes the employee's pregnancy and pregnancy-14
related health conditions, including the need to express breast milk.15
(c) "Reasonable accommodation" means: 16
(i) Providing more frequent, longer, or flexible restroom breaks;17
(ii) Modifying a no food or drink policy; 18
(iii) Job restructuring, part-time or modified work schedules, 19
reassignment to a vacant position, or acquiring or modifying 20
equipment, devices, or an employee's work station;21
S-0080.3
SENATE BILL 5217
State of Washington 69th Legislature 2025 Regular Session
By Senators Nobles, Lovelett, Hasegawa, Liias, Riccelli, Saldaña,
Salomon, Stanford, Trudeau, and C. Wilson
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Labor & Commerce.
p. 1 SB 5217
(iv) Providing seating or allowing the employee to sit more 1
frequently if her job requires her to stand; 2
(v) Providing for a temporary transfer to a less strenuous or 3
less hazardous position; 4
(vi) Providing assistance with manual labor and limits on 5
lifting; 6
(vii) Scheduling flexibility for prenatal visits;7
(viii) Providing reasonable break time for an employee to express 8
breast milk for two years after the child's birth each time the 9
employee has need to express the milk and providing a private 10
location, other than a bathroom, if such a location exists at the 11
place of business or worksite, which may be used by the employee to 12
express breast milk. If the business location does not have a space 13
for the employee to express milk, the employer shall work with the 14
employee to identify a convenient location and work schedule to 15
accommodate their needs; and 16
(ix) Any further pregnancy accommodation an employee may request, 17
and to which an employer must give reasonable consideration in 18
consultation with information provided on pregnancy accommodation by 19
the department of labor and industries or the attending health care 20
provider of the employee. 21
(d) "Undue hardship" means an action requiring significant 22
difficulty or expense. An employer may not claim undue hardship for 23
the accommodations under (c)(i), (ii), and (iv) of this subsection, 24
or for limits on lifting over seventeen pounds. 25
(2) It is an unfair practice for any employer to:26
(a) Fail or refuse to make reasonable accommodation for an 27
employee for pregnancy, unless the employer can demonstrate that 28
doing so would impose an undue hardship on the employer's program, 29
enterprise, or business; 30
(b) Take adverse action against an employee who requests, 31
declines, or uses an accommodation under this section that affects 32
the terms, conditions, or privileges of employment;33
(c) Deny employment opportunities to an otherwise qualified 34
employee if such denial is based on the employer's need to make 35
reasonable accommodation required by this section;36
(d) Require an employee to take leave if another reasonable 37
accommodation can be provided for the employee's pregnancy.38
(3) An employer may request that the employee provide written 39
certification from her treating health care professional regarding 40
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the need for reasonable accommodation, except for accommodations 1
listed in subsection (1)(c)(viii) and (d) of this section.2
(4)(a) This section does not require an employer to create 3
additional employment that the employer would not otherwise have 4
created, unless the employer does so or would do so for other classes 5
of employees who need accommodation. 6
(b) This section does not require an employer to discharge any 7
employee, transfer any employee with more seniority, or promote any 8
employee who is not qualified to perform the job, unless the employer 9
does so or would do so to accommodate other classes of employees who 10
need accommodation. 11
(5)(a) Any break time and any time traveling to a location, 12
identified by the employer and employee as provided in subsection 13
(1)(c)(viii) of this section, to express milk must be paid to the 14
employee at the employee's regular compensation rate. An employee 15
must not be required to use paid leave during break or travel time to 16
express milk during work.17
(b) The requirements of this subsection are a wage payment 18
requirement as defined in RCW 49.48.082 and the provisions of chapter 19
49.48 RCW apply.20
(6) The department of labor and industries must provide online 21
education materials explaining the respective rights and 22
responsibilities of employers and employees who have a health 23
condition related to pregnancy or childbirth. The online education 24
materials must be prominently displayed on the department's website.25
(((6))) (7) The attorney general shall investigate complaints and 26
enforce this section, including by conference and conciliation. In 27
addition to the complaint process with the attorney general, any 28
person believed to be injured by a violation of this section has a 29
civil cause of action in court to enjoin further violations, or to 30
recover the actual damages sustained by the person, or both, together 31
with the cost of suit and reasonable attorneys' fees or any other 32
appropriate remedy authorized by state or federal law.33
(((7))) (8) This section does not preempt, limit, diminish, or 34
otherwise affect any other provision of law relating to sex 35
discrimination or pregnancy, or in any way diminish or limit legal 36
protections or coverage for pregnancy, childbirth, or a pregnancy-37
related health condition. 38
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Sec. 2. RCW 2.36.100 and 2023 c 205 s 1 are each amended to read 1
as follows: 2
(1) Except for a person who is not qualified for jury service 3
under RCW 2.36.070 or who chooses to opt out of jury service under 4
subsection (2) of this section, no person may be excused from jury 5
service by the court except upon a showing of undue hardship, extreme 6
inconvenience, public necessity, or any reason deemed sufficient by 7
the court for a period of time the court deems necessary.8
(2)(a)(i) A person who is 80 years of age or older may request to 9
be excused from jury service if the person attests that the person is 10
unable to serve due to health reasons. 11
(ii) A person who is breastfeeding may request to delay or be 12
excused from jury service if the person attests that the person is 13
unable to serve due to breastfeeding.14
(b) An attestation form must be developed by the court and may 15
not include a requirement that a doctor's note be provided. This 16
request must be granted by the court. 17
(3) At the discretion of the court's designee, after a request by 18
a prospective juror to be excused, a prospective juror excused from 19
juror service for a particular time may be assigned to another jury 20
term within the twelve-month period. If the assignment to another 21
jury term is made at the time a juror is excused from the jury term 22
for which he or she was summoned, a second summons under RCW 2.36.095 23
need not be issued. This subsection does not apply to people excused 24
from jury service under subsection (2) of this section.25
(4) When the jury source list has been fully summoned within a 26
consecutive twelve-month period and additional jurors are needed, 27
jurors who have already served during the consecutive twelve-month 28
period may be summoned again for service. A juror who has previously 29
served may only be excused if he or she served at least one week of 30
juror service within the preceding twelve months. An excuse for prior 31
service shall be granted only upon the written request of the 32
prospective juror, which request shall certify the terms of prior 33
service. Prior jury service may include service in superior court, in 34
a court of limited jurisdiction, in the United States District Court, 35
or on a jury of inquest. 36
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