On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) will come into effect, following President Biden’s signing of the law on December 29, 2022. The PWFA is a new legislation aimed at providing reasonable accommodations for workers and applicants facing pregnancy, childbirth, or related medical conditions, so long as these accommodations do not pose an undue hardship for employers.
The PWFA mandates that employers must offer “reasonable accommodations” to employees and applicants experiencing limitations due to pregnancy, childbirth, or related medical conditions. This law applies to both private and public sector employers with a workforce of at least 15 employees, including Congress, Federal agencies, employment agencies, and labor organizations. It’s important to note that the PWFA does not supersede more protective existing federal, state, or local laws pertaining to pregnant workers. In fact, more than 30 states and cities have their own laws providing accommodations for pregnant employees.
Employers covered by the PWFA have specific obligations to ensure compliance. These include engaging in discussions about reasonable accommodations with affected employees, refraining from forcing employees to accept accommodations without proper dialogue, denying a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation, and prohibiting other discriminatory actions based on the need for accommodations. Additionally, employers are not allowed to retaliate against individuals reporting or opposing unlawful discrimination under the PWFA, nor interfere with their rights protected by the law.
The House Committee on Education and Labor Report on the PWFA provides a range of potential reasonable accommodations that employers must provide to covered individuals, such as the ability to sit or have access to water, closer parking, flexible hours, appropriately sized uniforms, and safety apparel, additional break time, leave for childbirth recovery, and exemption from strenuous activities or exposure to hazardous substances. Employers are required to provide such reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations.
It is important to note that the PWFA applies only to accommodations and is designed to supplement the protections already afforded to pregnant workers under existing laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act of 1993, and the PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act). These laws work in conjunction with the PWFA to provide a comprehensive framework of protection for pregnant workers.
As the implementation date of the PWFA approaches, it is crucial for both employers and employees to become well-versed in its provisions and obligations. Starting on June 27, 2023, the Equal Employment Opportunity Commission will begin accepting charges under the PWFA. Any violations that occur after this date will be subject to scrutiny under the PWFA, and depending on the circumstances, may also fall under the purview of the ADA and/or Title VII. Staying informed and ensuring compliance with these important laws will foster a more inclusive and supportive work environment for pregnant workers, safeguarding their rights and well-being.