BWH C.S.H.B. 1503 75(R)BILL ANALYSIS COUNTY AFFAIRS C.S.H.B. 1503 By: Chavez 4-16-97 Committee Report (Substituted) BACKGROUND Local governments, though mandated to conform with the Americans with Disabilities Act, are not obligated to make "a reasonable effort" to re-assign pregnant employees if the employee becomes partially disabled and unable to perform her job duties due to pregnancy. Often, pregnant employees have no choice but to take a leave of absence until they are no longer pregnant, or the pregnancy ceases to be a disabling condition. PURPOSE The purpose of this Act is to require cities and counties to make a "reasonable effort" to temporarily re-assign a pregnant employee to a position that is available and one she is qualified to do, until such time as she is no longer disabled due to pregnancy. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 180, Local Government Code, by adding Sec. 180.004 as follows: 1) Subsection (a) mandates that a county or municipality treat a pregnant employee in the same manner as other nonpregnant employees, but differently only according to the person's ability to perform the work; and 2) Subsection (b) allows allows a municipality or county to provide "reasonable accommodation" to a pregnant employee. SECTION 2. Effective date is September 1, 1997. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The C.S.H.B. 1503 makes the following changes to the original: 1) Amends Subsection (a) by deleting the original language and substituting new language which requires that a pregnant employee be treated in the same manner as other nonpregnant employees, but differently only according to the person's ability to perform the work; and 2) Amends Subsection (b) by deleting the original language and substituting new language which allows a municipality or county to provide "reasonable accommodation" to a pregnant employee.