New Ohio Pregnancy Discrimination Rules Provide 12 Weeks of Leave

On November 7, 2007 the Ohio Civil Rights Commission (OCRC) voted to approve a proposed update to the OCRC pregnancy discrimination regulations. Those regulations implement Ohio's civil rights act.

The proposed rule states:

Where an adverse employment action taken against an employee who is temporarily limited, in part or in whole, in her ability to work due to pregnancy, childbirth or a related medical condition is based upon an employment policy or practice under which less than twelve weeks of paid or unpaid pregnancy, childbirth or maternity leave is available when medically recommended, such policy shall be presumed to have a disparate impact on women and constitutes unlawful sex discrimination unless justified by business necessity.

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No employer shall be permitted to place an employee affected by pregnancy, childbirth or a related medical condition on mandatory leave, or otherwise limit or alter her job duties, in the absence of an objective, verifiable safety justification and only when the pregnancy or related medical condition interferes with her ability to safely perform her position. (OAC 4112-5-05).

In plain English, this means that employers cannot terminate or replace an employee who misses 12 or less weeks of work on the recommendation of her doctor. This proposed rule must now be approved by the Joint Committee on Agency Rule Review (JCARR). JCARR is primarily responsible for reviewing proposed and adopted rules. JCARR does not, however, have authority to invalidate rules. This authority is vested solely in the General Assembly. Except for limited authority to suspend adopted rules, JCARR’s authority is principally to recommend that the General Assembly invalidate a proposed or adopted rule.

If this rule goes into effect, the OCRC will have essentially adopted a 12 week leave requirement for pregnant employees. This leave requirement will apply to employers with four or more employees.