As of June 27, 2023, the Pregnant Workers Fairness Act (PWFA) is now in effect, transforming the employment landscape across the U.S.
Enforced by the U.S. Equal Employment Opportunity Commission (EEOC), this new law is set to significantly change the employment landscape, particularly for women and families across the U.S.
At a fundamental level, the PWFA requires employers to provide "reasonable accommodations" to employees grappling with known limitations due to pregnancy, childbirth or related medical conditions. The aim is to ensure that these women can continue their employment without undue hardship or risk to their health.
However, the requirement only extends to "covered employers." This categorization includes both private and public sector employers, as long as they employ at least 15 people. The Act also affects Congress, federal agencies, employment agencies and labor organizations.
Reasonable accommodations under the PWFA are interpreted broadly. They could include providing the option to sit or drink water, offering closer parking, adjusting work hours, allowing additional break time for restroom use, eating and rest, or granting leave or time off to recover from childbirth. Additionally, employees could be excused from strenuous activities or activities involving exposure to compounds considered unsafe during pregnancy.
But it's not just about accommodation. The PWFA also focuses on preventing discrimination.
Employers can't force an employee to accept an accommodation without an appropriate discussion, nor can they deny employment opportunities based on a person's need for reasonable accommodation. Furthermore, employers can't force an employee to take leave if another reasonable accommodation can be provided, and they are prohibited from retaliating against individuals for reporting or opposing unlawful discrimination or participating in PWFA proceedings.
While the PWFA is a significant step forward, it's important to remember that other federal laws — like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) — may also be applicable to pregnant workers. These laws also protect against discrimination and mandate reasonable accommodations in specific situations.
For more information about the Pregnant Workers Fairness Act, please visit the EEOC’s resource page.