For the purposes of this chapter, the term:

1. (1) "OHR" means the Office of Human Rights.

2. (2) “Reasonable accommodation” means an accommodation that does not cause undue hardship in the operation of the employer's business that an employer can make for an employee whose ability to perform the functions of the employee's job are affected by pregnancy, childbirth, a related medical condition, or breastfeeding, including:

   1. (A) More frequent or longer breaks;
   2. (B) Time off to recover from childbirth;
   3. (C) The acquisition or modification of equipment or seating;
   4. (D) The temporary transfer to a less strenuous or hazardous position or other job restructuring such as providing light duty or a modified work schedule;
   5. (E) Having the employee refrain from heavy lifting;
   6. (F) Relocating the employee's work area;
   7. (G) Providing private non-bathroom space for expressing breast milk; or
   8. (H) Time off due to pre-birth complications.
3. (3) “Undue hardship” means any action that requires significant difficulty in the operation of the employer's business or significant expense on the behalf of the employer when considered in relation to factors such as the size of the business, its financial resources, and the nature and structure of its operation.

History

Mar. 3, 2015, D.C. Law 20-168, § 2, 61 DCR 11368

Oct. 8, 2016, D.C. Law 21-160, § 2082(a)

Dec. 13, 2017, D.C. Law 22-33, § 2282(a)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of the Protecting Pregnant Workers Fairness Emergency Amendment Act of 2016 (D.C. Act 21-314, Feb. 18, 2016, 63 DCR 2199).

For temporary (90 days) amendment of this section, see § 2282(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2282(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

Temporary Legislation

For temporary (225 days) amendment of section, see § 2(a) of the Protecting Pregnant Workers Fairness Temporary Amendment Act of 2016 D.C. Law 21-103, April 20, 2016, 63 DCR 3654, 20 DCSTAT 3147).