§341.1. Definitions

            A. The terms defined in this Part are to be construed in accordance with federal laws regarding disability, and based on pregnancy, childbirth, and related medical conditions.

            B. For the purposes of this Part:

            (1) "Applicant or employee with covered limitations" means an applicant for employment or an employee with medical needs causing limitations arising from pregnancy, childbirth, or related medical conditions, where such limitations are known to the employer.

            (2) "Reasonable accommodation" may include but is not limited to the following:

            (a) Making existing facilities used by employees readily accessible to and usable by an applicant or employee with covered limitations, provided the employer shall not be required to construct a permanent, dedicated space for expressing breast milk. Nothing in R.S. 23:342 exempts an employer from providing other reasonable accommodations.

            (b) For an applicant or employee with covered limitations, providing scheduled and more frequent or longer compensated break periods; providing more frequent bathroom breaks; providing a private place, other than a bathroom stall, for the purpose of expressing breast milk; modifying food or drink policy; providing seating or allowing the employee to sit more frequently if the job requires the employee to stand; providing assistance with manual labor and limits on lifting; temporarily transferring the employee to a less strenuous or hazardous vacant position, if qualified; providing job restructuring or light duty, if available; acquiring or modifying equipment or devices necessary for performing essential job functions; or modifying work schedules.

            (3) "Related medical condition" includes but is not limited to lactation or the need to express breast milk for up to one year after the child's birth and medical conditions related to pregnancy and childbirth.

            (4) "Undue hardship" shall have the same meaning as the meaning given to it in 42 U.S.C. 12111 of the Americans with Disabilities Act of 1990, as amended.

            Acts 2021, No. 393, §1.