HB 940

Enacts GS 143-422.4, prohibiting discrimination based upon pregnancy, childbirth, or pregnancy related conditions, as follows. Defines five terms including pregnancy related conditions (medical conditions directly related to pregnancy or childbirth, including miscarriage, pregnancy termination, pregnancy complications, recovery from childbirth, and lactation). States the State’s public policy to protect and safeguard the right and opportunity of individuals to seek, obtain, and hold employment without discrimination or abridgement on account of pregnancy, childbirth, or pregnancy related conditions. Specifies that a person does not violate the statute solely because the individual followed a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the particular business or because the person made a distinction or differentiation based on a bona fide business necessity. Requires that individuals affected by pregnancy, childbirth, or pregnancy related conditions be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other individuals not so affected but similar in their ability or inability to work. Provides for leaves of absences, return to work guarantees, reasonable accommodations that do not cause undue hardship (defined), and the elements of a BFOQ defense. Allows an individual aggrieved by violations of GS 143-422.4 to file a civil action as described, with back pay, reinstatement, compensatory damages, injunctive relief, and reasonable costs and attorneys' fees available. Adds pregnancy, childbirth, and pregnancy related conditions, when such conditions cause temporary disability to the definition of person with a disability under GS 168A-3 (definitions under the Persons with Disabilities Protection Act). Makes conforming changes to GS 168A-5 (discrimination in employment) to account for reasonable accommodations for pregnancy, childbirth, or pregnancy related conditions that cause temporary disability unless they cause undue hardship) and GS 7A-759 (OAH’s role as a deferral agency).