§ 16-14. Waiver or variance for undue hardship.

(a) In general.

In accordance with the rules and regulations adopted under § 16-4 {"Rules and regulations"} of this subtitle, an employer may apply to the Community Relations Commission for a waiver or variance of any requirement of this Part 2 that the employer can demonstrate would impose an undue hardship by causing significant expense or operational difficulty when considered in relation to the size, financial resources, nature, or structure of the employer's business.

(b) Temporary lactation location as a variance.

(1) An employer may apply to the Community Relations Commission to designate a space within a room as a temporary lactation location, in place of a permanent lactation location, or a room that is a multipurpose lactation location if an employer can demonstrate that a permanent lactation location or a room that is a multipurpose lactation location would impose an undue hardship by causing significant expense or operational difficulty for the employer. A temporary lactation location could be created using screening or curtains.

(2) The means by which the temporary lactation location is created (e.g., the curtain), and the items contained therein (e.g., the chair, table or shelf, etc.) should not be modified during the duration of an employee's need to express milk. While an employee expresses milk, the lactation location should be free from intrusion by other persons by means of a latch or other closure mechanism. The temporary lactation space should have signage visible to other employees designating the area as a lactation location for the duration of an employee's need to express milk. The employer should provide notice to employees of the existence and purpose of the temporary lactation location and that it should not be disturbed.

The Commission's rules and regulations must include:

(1) the criteria for establishing an undue hardship as described in subsection (a) of this section;

(2) the procedures, forms, and documentation required to apply for the waiver or variance; and

(3) the procedures for the Commission's hearing on and consideration of the application.