FOR AN ACT ENTITLED, An Act to create protections and accommodations for pregnant and breastfeeding mothers in their places of employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That the code be amended by adding a NEW SECTION to read:

    Any employer with fifty or more employees shall make reasonable accommodations for any employee related to pregnancy, childbirth, or a related condition. The term, reasonable accommodations, includes more frequent or longer breaks, time off to recover from childbirth, adjustment of seating, temporary transfer to a less strenuous or hazardous position, job restructuring, private nonbathroom space for breastfeeding, assistance with manual labor, modified work schedules, or any other reasonable request directly related to pregnancy, childbirth, or a related condition. The employer shall engage in a timely and good faith process with the employee to determine effective accommodations. However, no employer is required by this Act to create additional employment, unless the employer does so for other classes of employees that need accommodation. Additionally, no employer is required to discharge any employee, transfer any employee with more seniority, or promote an unqualified employee for

purposes of the accommodation.
    Section 2. That the code be amended by adding a NEW SECTION to read:

    No employer may take adverse action against an employee who requests or uses a reasonable accommodation related to pregnancy, childbirth, or a related condition, or deny employment opportunities to an otherwise qualified employee if the denial is based on the need of the employer to make reasonable accommodations for the employee. If another reasonable accommodation can be provided, no employer may force an employee to take vacation or unpaid leave or to accept an accommodation if the employee chooses not to accept it. For the purposes of this Act, a reasonable accommodation by an employer is an action that does not unduly disrupt or interfere with the employer's normal operations; threaten the health or safety of the employee with a disability or others; contradict a business necessity of the employer; or impose undue hardship on the employer, based on the size of the employer's business, the type of business, the financial resources of the employer, and the estimated cost and extent of the accommodation.