An employer shall not:

(1) Refuse to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding for an employee, unless the employer can demonstrate that the accommodation would impose an undue hardship;

(2) Take an adverse action against an employee who requests or uses a reasonable accommodation in regard to the employee's conditions or privileges of employment, including failing to reinstate the employee when the need for reasonable accommodations ceases to the employee's original job or to an equivalent position with equivalent:

(A) Pay;

(B) Accumulated seniority and retirement:

(C) Benefits; and

(D) Other applicable service credits;

(3) Deny employment opportunities to an employee, or a job applicant, if the denial is based on the need of the employer to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding;

(4) Require an employee affected by pregnancy, childbirth, related medical conditions, or breastfeeding to accept an accommodation that the employee chooses not to accept if the employee does not have a known limitation related to pregnancy, childbirth, related medical conditions, or breastfeeding or the accommodation is not necessary for the employee to perform her duties;

(5) Require an employee to take leave if a reasonable accommodation can be provided; or

(6) Take an adverse action against an employee who has been absent from work as a result of a pregnancy-related condition, including a pre-birth complication.

(Mar. 3, 2015, D.C. Law 20-168, § 4, 61 DCR 11368; Oct. 8, 2016, D.C. Law 21-160, § 2082(b), 63 DCR 10775.)

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

For temporary (225 days) amendment of section, see § 2(b) 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).