E2SSB 5217
SignedSenate
Pregnancy accommodations
Expanding pregnancy-related accommodations.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill expands workplace protections for pregnant employees and those with pregnancy-related health conditions by requiring employers of all sizes to provide reasonable accommodations — such as flexible breaks, seating, and time/space for expressing breast milk — unless it causes undue hardship. It also allows breastfeeding individuals to request excusal from jury duty without a doctor’s note. The bill updates definitions and enforcement mechanisms to strengthen compliance and education.
- Expands the definition of 'employer' to include any business with one or more employees (down from 15), and includes religious/nonprofit organizations.
- Requires employers to provide reasonable accommodations for pregnancy and pregnancy-related conditions — such as more frequent breaks, seating, modified schedules, temporary reassignment, and break time/private space for expressing breast milk for up to two years after birth.
- Prohibits employers from forcing employees to take leave if a reasonable accommodation is available, and bars retaliation for requesting accommodations.
- Clarifies that certain accommodations (e.g., more frequent restroom breaks, seating, limits on lifting over 17 pounds) cannot be denied as 'undue hardship'.
- Allows breastfeeding individuals to request delay or excusal from jury duty by attestation (no doctor’s note required), and courts must grant such requests.
- Mandates that time spent expressing breast milk (including travel to a private location) must be paid as regular wages, and is covered under wage payment laws.
Who is affected
- Pregnant employees and those with pregnancy-related health conditions — Employees who are pregnant or have pregnancy-related health conditions (including the need to express breast milk) gain new rights to reasonable workplace accommodations without needing to meet a minimum employee threshold, and protections against retaliation or being forced to take leave when other accommodations are possible.
- Employers of all sizes — All employers in Washington, regardless of size (including small businesses and religious/nonprofit organizations), must now provide reasonable accommodations for pregnancy unless it causes undue hardship — and must comply with new rules around break time and private spaces for expressing breast milk.
- Breastfeeding individuals called for jury duty — Jurors who are breastfeeding may request to delay or be excused from jury duty without needing a doctor’s note, and courts must grant such requests.
- State agencies (L&I and Attorney General’s Office) — The Department of Labor & Industries must develop and post online education materials about pregnancy accommodation rights and responsibilities, and the Attorney General will enforce violations through complaints and lawsuits.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (4)
Expanding coverage to employers of all sizes—including those with 1–14 employees—and guaranteeing paid break time and private space for milk expression significantly improves health outcomes and economic security for low-wage, part-time, and gig workers (e.g., retail, food service) who previously had no legal right to accommodations and often cannot afford unpaid leave or private lactation support.
HealthcarePeopleRef: Sec. 1(1)(a), (c)(viii), (2)(a), (2)(d)Explicitly prohibiting retaliation and forced leave for requesting accommodations strengthens workplace equity and reduces economic coercion, especially for marginalized groups (e.g., young women, immigrants, low-income workers) who are most vulnerable to employer pressure and least able to absorb job loss or wage interruption.
Rights & LibertiesPeopleRef: Sec. 1(2)(b), (c)Allowing breastfeeding individuals to delay or be excused from jury duty via attestation (no doctor’s note) removes a financial and logistical barrier—especially for hourly workers who cannot afford unpaid time off or travel to medical appointments for documentation—thereby strengthening civic participation and reducing discriminatory exclusion from civic duty.
Rights & LibertiesPeopleRef: Sec. 2(2)(a)(ii), (b)Paying break and travel time for milk expression ensures wage continuity and reduces income loss for low-wage workers—many of whom live paycheck-to-paycheck—while aligning with existing wage payment laws, thus reinforcing economic stability during a critical life stage.
FinancialPeopleRef: Sec. 1(5)(a), (b)
Potential Concerns (4)
Expanding the definition of 'employer' to include businesses with 1+ employees (down from 15) and requiring accommodations—including paid break time for milk expression and private space—imposes new administrative and operational costs on small businesses, especially those with fewer than 10 employees and tight margins. While the bill excludes some accommodations from 'undue hardship' claims, others (e.g., reassignment, modified schedules) still allow hardship exceptions, creating compliance uncertainty.
Business & EmploymentPeopleRef: Sec. 1(1)(a), (c)(viii), (d), (2)(a), (5)(a)Mandating that break and travel time for milk expression be paid as regular wages increases labor costs for employers, particularly in low-margin sectors (e.g., retail, hospitality), and may disincentivize hiring or scheduling flexibility for affected employees—especially part-time or hourly workers who rely on shift-based work.
Business & EmploymentLean peopleRef: Sec. 1(5)(a), (b)Prohibiting employers from requiring leave when reasonable accommodations exist may reduce employers’ flexibility in managing workforce absences, potentially increasing operational disruption and forcing costly temporary replacements—especially for small employers lacking cross-trained staff.
Business & EmploymentPeopleRef: Sec. 1(2)(d)Requiring courts to grant jury duty deferrals for breastfeeding individuals based solely on attestation (no medical verification) increases administrative burden on local courts to process requests and may strain jury pool logistics, especially in rural counties with limited juror pools.
Local GovernmentLean peopleRef: Sec. 2(2)(a)(ii), (b)
Who Is Most Affected
Low- and middle-income pregnant employees and new parents—especially those in part-time, hourly, or gig work—gain enforceable rights to paid accommodations and protection from coercion. This group is most likely to lack employer-provided leave or lactation support and is disproportionately affected by prior 15-employee thresholds.
Small employers (1–14 employees) face new compliance costs (e.g., space allocation, scheduling adjustments, paid break time), but benefit from clear statutory guidance and the ability to claim undue hardship for many accommodations. Nonprofits and religious organizations are now included, increasing administrative burden but also access to state education resources.
Large employers already comply with federal and state pregnancy accommodation laws (e.g., PUMP Act, Washington Law Against Discrimination), so this bill adds minimal incremental cost but may standardize practices across the state. They benefit from uniformity and preemption clauses that avoid conflicting local ordinances.
Breastfeeding individuals called for jury duty gain the ability to self-attest for deferral without medical barriers—reducing cost, time, and stigma. However, this may slightly increase court administrative workload and reduce jury pool predictability in small jurisdictions.
State agencies (L&I, AG) gain enforcement authority but face only modest increases in workload (no dedicated funding). L&I must develop educational materials, but this is a one-time or low-frequency task. The AG’s enforcement role expands existing civil rights enforcement capacity.