Pregnant Workers Fairness Act: What Employers Need to Know

June 6, 2023

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Pregnant Workers Fairness Act: What Employers Need to Know

On June 27, 2021, the Pregnant Workers Fairness Act (PWFA) will go into effect, aimed at ensuring pregnant workers receive reasonable accommodations in the workplace. This new law will have significant implications for employers, and it is essential that they understand their responsibilities and obligations under the PWFA.

The PWFA and Employer Responsibilities

The PWFA (Pregnant Workers Fairness Act) requires employers with 15 or more employees to engage in an interactive process with their pregnant employees to determine the need for reasonable accommodations for pregnancy, childbirth, and related medical conditions. While the interactive process is not new, this is the first federal law requiring employers to engage in it with their pregnant employees. In addition, employers must provide reasonable accommodations to their pregnant employees unless it would cause an undue hardship.

Narrow Scope of the PWFAIt’s important to note that the PWFA is very narrow, focusing exclusively on accommodations. While the Pregnancy Discrimination Act (PDA) of Title VII prohibits pregnancy bias in the workplace, it does not explicitly guarantee pregnant workers the right to reasonable accommodations. The PWFA fills this gap.

Enforcement of the PWFA

The Equal Employment Opportunity Commission (EEOC) will enforce the new law. As part of the legislation, Congress has directed the EEOC to release compliance regulations within two years. Once the regulations are released, they will become rules with the force of law, making it crucial for employers to stay up-to-date with any updates.

Force of the EEOC’s PWFA Compliance Regulations

The EEOC’s PWFA compliance regulations will carry the force of law, which means that employers must comply with them. It’s also important to note that compliance with the PWFA does not negate an employer’s obligations under other applicable federal, state, or local laws.

Potential Accommodations for Pregnant Employees

The EEOC has provided examples of reasonable accommodations that employers may need to offer their pregnant employees. These include:

– Providing more frequent or longer restroom breaks
– Modifying heavy lifting requirements
– Providing a private space to express breast milk
– Allowing a flexible schedule
– Providing temporary reassignment to lighter duty

It’s worth keeping in mind that this list is not exhaustive, and that reasonable accommodations may look different for each pregnant worker depending on their individual needs.

Accepting PWFA Charges

The EEOC will begin accepting PWFA charges on June 27, 2021. Employees who believe that their employer has violated the PWFA can file a charge with the EEOC. Employers are legally prohibited from taking retaliatory actions against employees who file such charges, which include termination, demotion, suspension, or any other form of discrimination.

The upcoming implementation of the Pregnant Workers Fairness Act reinforces the importance of treating all employees fairly and equitably, regardless of their physical condition. By understanding their obligations and responsibilities under the PWFA and complying with its regulations, employers can create a more inclusive and supportive workplace for their pregnant employees.

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