Pregnant Workers Fairness Act to Go Into Effect

The Pregnant Workers Fairness Act (“PWFA”) is scheduled to go into effect on June 27, 2023. The PWFA, which will apply to private employers with more than 15 employees and most public sector employers, requires employers to provide reasonable accommodations to a qualified employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship to the employer.

The U.S. Equal Employment Opportunity Commission has published FAQs on its website, which provides examples of reasonable accommodations that may be available to employees. Potential accommodations include additional, longer, or more flexible breaks to eat, drink, rest, or use the restroom; adjusting a work schedule to provide more flexible hours; providing closer parking; modifying food or drink policies to allow an employee to have a water bottle or food; providing appropriately sized uniforms and safety apparel; excusing covered employees from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy; and granting leave for medical appointments or to recover from childbirth.

Covered employers may not require an employee to accept an accommodation without a discussion about the accommodation between the employee and the employer. Likewise, employers cannot deny a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation.

An employee may not be required to take leave if another reasonable accommodation can be provided that would let the employee keep working.

Finally, the Act makes it unlawful for employers to retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation), or to interfere with any individual’s rights under the PWFA.

The EEOC has made available a workplace poster pertaining to the PWFA for employers to post. Covered employers may also consider adding a PWFA policy to employee handbooks and manuals.

This post is not intended to provide legal advice. Keith L. Hammond, Esq., is available for legal consultation regarding rights and obligations under the PWFA by contacting Hammond Law Center at (407) 730-9909 or admin@hammondlawcenter.com.