The Pregnant Workers Fairness Act (PWFA) is a new law that requires employers to provide reasonable accommodation to workers for known limitations related to pregnancy, childbirth, or related medical conditions. This law will go into effect on June 27, 2023, and will fill a gap by extending protections similar to those provided under the Americans with Disabilities Act of 1990 (ADA). This article aims to provide a comprehensive understanding of the PWFA and how it will impact employers.
The PWFA will require employers with 15 or more employees to provide reasonable accommodation for “known limitations related to pregnancy, childbirth, and related medical conditions of a qualified employee.” The law defines reasonable accommodation in the same way as the ADA. This means that employers must provide accommodations that will not cause them an undue hardship.
The PWFA fills a gap by extending protections similar to those provided under the Americans with Disabilities Act. However, there are some differences between the two laws. The PWFA does not tie “known limitations” to the definition of a “disability” under the ADA. This means that the term “pregnant workers” will apply to a broader range of conditions than those covered under the ADA.
Employer requirements under PWFA
Under the Pregnancy Workers Fairness Act (PWFA), employers will be required to engage in the interactive process to determine a reasonable accommodation. This process will be similar to the process for employees with disabilities under the ADA. Employers must also provide accommodations for known limitations related to pregnancy, childbirth or related medical conditions. These accommodations may include, but are not limited to, more frequent breaks, modified work schedules and temporary transfer to less strenuous work.
The law does not specify the types of conditions that will be considered a “known limitation” other than stating that it must be a “physical or mental condition” related to “pregnancy, childbirth, or related conditions” that the employee “has communicated to the employer.” It is important for employers to understand that if an employee does not disclose their condition, the employer is not obligated to provide accommodations.
Compliance considerations for employers
Employers may want to consider reviewing and updating their accommodation policies to comply with the PWFA and applicable state laws. It is also important to train supervisors and the human resources department to understand the requirements of the PWFA. Employers may also want to analyze potential accommodations they could provide to pregnant employees for known issues. By doing so, they will be better equipped to provide the necessary accommodations when the law goes into effect.
The PWFA is an important law that provides protections for employees who are pregnant, in childbirth, or have related medical conditions. Employers must understand the requirements of the law and make necessary accommodations for pregnant employees. This includes engaging in the interactive process to determine a reasonable accommodation, providing accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, and updating accommodation policies in compliance with the PWFA and applicable state laws. By doing so, employers can create a safe and inclusive workplace environment for all employees.