The Pregnant Workers Fairness Act (PWFA) is a new federal law that takes effect on June 27, 2023. It requires covered employers to provide “reasonable accommodations” for employee limitations related to pregnancy, childbirth, and other pregnancy-associated medical conditions. The law will expand upon Title VII, the federal anti-discrimination law, making it illegal to fire or discriminate against workers based on pregnancy, childbirth, or related medical conditions. The PWFA will not replace federal, state, or local laws that are more protective of workers affected by pregnancy and related conditions.
What is a covered Employer?
“Covered employers” are private and public sector employers with at least 15 employees. The employee count includes both full and part-time employees.
What is a possible PWFA accommodation?
- The ability to sit or drink water.
- Receive closer parking.
- Have flexible hours.
- Receive appropriately sized uniforms and safety apparel.
- Receive additional break time to use the bathroom, eat, and rest.
- Paternity leave.
- Excused from physically strenuous activities.
Employers are required to provide reasonable accommodations unless the accommodation would pose an “undue hardship” on the employer’s operations and or is too much of an expense for the employer to accommodate.
What does PWFA prohibit?
- Require an employee to accept an accommodation without a formal discussion between the employee and employer. In other words, do not assume an employee needs an accommodation.
- Discriminate against an employee based on the person’s need for reasonable accommodation.
- Require an employee to take leave if another reasonable accommodation is available that allows them to continue working.
- Retaliate against an employee for reporting or opposing unlawful discrimination under the PWFA.
You can read more about the PWFA on the EEOC’s website, or email [email protected] with any additional questions.
