What Employers Should Know About the Pregnant Workers Fairness Act
Effective June 27, 2023, the Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth or related medical conditions, unless they would cause an undue hardship (i.e., a significant difficulty or expense) on the employer’s operations.
This new federal law applies only to accommodations, since there are already laws enforced by the U.S. Equal Employment Opportunity Commission that protect job applicants and employees who are pregnant. It is important to understand the PWFA does not replace any existing federal, state or local laws that are even more protective of workers.
The PWFA mandates that employers with a minimum of 15 employees provide reasonable accommodations to workers who require them. The law’s protections extend to individuals undergoing fertility treatment, as well as to those experiencing postpartum depression or who have experienced an abortion or pregnancy loss.
The House Committee on Education and Labor Report on the PWFA provides several examples of possible reasonable accommodations, including the ability to:
Sit or drink water
Receive closer parking
Have flexible work hours
Receive appropriately sized uniforms and safety apparel
Receive additional break time to use the bathroom, eat and rest
Take leave or time off to recover from childbirth
Be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy
The PFWA, prohibits employers from:
Requiring an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer
Denying a job or other employment opportunities to a qualified employee or applicant based on the person's need for a reasonable accommodation
Requiring an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working
Retaliating against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation)
Interfering with any individual’s rights under the PWFA
To find more information about the PFWA, go to the EEOC’s webpage, or reach out to the EEOC at 800.669.400 or www.eeoc.gov for assistance.
Pacific Federal is a Zenith American company and subsidiary of Harbour Benefit Holdings, Inc.
