The Pregnant Workers Fairness Act: What It Is and How It Affects Your Business
The Pregnant Workers Fairness Act (PWFA) is a US law that mandates employers to provide reasonable accommodations to pregnant employees to prevent any health risks associated with pregnancies, childbirth, or other similar medical conditions.
The bill became effective on June 27, 2023, and compulsory for workplaces with more than 15 employees unless these businesses can prove that providing the necessary accommodations will cause them undue hardship.
That said, the PWFA isn’t the first act that seeks to protect pregnant employees and prevent pregnancy-related discrimination in US workplaces.
Before enacting this law, the Pregnancy Discrimination Act of 1978 (PDA) required employers to treat pregnant individuals as other employees who are “not so affected but similar in their inability to work.”
The Americans With Disabilities (ADA) Act also mandated reasonable accommodations for pregnancy-related conditions that could be qualified as a disability.
However, both laws didn’t provide comprehensive enough coverage for pregnant workers, with the ADA, in particular, failing to address several pregnancy-related medical issues.
What Exactly Does the PWFA Do?
The PFWA gives pregnant employees the right to reasonable accommodations for a broader range of pregnancy, childbirth, and other similar medical conditions that were otherwise not covered under the ADA and PDA.
Some examples of accommodations pregnant staff members are entitled to under this bill include:
- Additional break time to rest and east
- Exemption from strenuous work-related activities that could be hazardous to pregnancy
- Time off work to recover after childbirth
- Access to flexible work hours, closer parking, and appropriately sized uniforms and safety gear
- Temporary transfer to less physically exerting roles for their safety
- Access to private spaces that aren’t bathrooms to express breast milk
Beyond these accommodations, US employees who violate the law can now face EEOC charges and lawsuits from their employees.
However, the Equal Employment Opportunity Commission (EEOC) only accepted charges under the PWFA on June 27, 2023, when the law was enacted.
In addition to the benefits mentioned above, employees cannot face retaliation from their employers if they demand reasonable accommodations within the workplace or report pregnancy-related discrimination or harassment.
Furthermore, an employer cannot deny an individual a job opportunity based on their pregnancy or because they requested pregnancy-related accommodation.
US employers also cannot mandate pregnant staff to take leave due to pregnancy if they can provide a reasonable accommodation to enable them to continue working.
Finally, employers can only mandate a worker to accept pregnancy-related accommodation with prior discussion with the employee.
What Does the PFWA Mean for US Workplaces?
Thanks to the PFWA, American employees can now receive pregnancy-related accommodations they otherwise could not under the ADA and PDA.
The right to file a lawsuit also means pregnant workers can seek justice in court if they face pregnancy-related discrimination or harassment.
With the PFWA’s effective date on the horizon, US workplaces must take steps to review company policies that don’t favor pregnant employees and determine the reasonable accommodations they can provide for these individuals.
It would also help to train human resources departments to understand the PFWA’s regulations and respond to accommodation requests from staff members.
Comments are closed.