What is the Pregnant Workers Fairness Act (PWFA)?
The Pregnant Workers Fairness Act requires “covered employers” to provide “reasonable accommodations” to known limitations related to pregnancy, childbirth or related medical conditions. A covered employed must do so, provided that the accommodation will not cause the employer an “undue hardship”.
Some examples of the reasonable accommodations to be offered include: ability to sit or stand during the work day; receive closer parking; receive additional breaks to eat, drink, rest and/or use the bathroom; receive appropriate sized uniforms and/or apparel; be excused from strenuous activities; be excused from activities that would expose the individual to compounds not safe for pregnancy; among others.
An employer does not have to grant accommodations under the PWFA if it poses an “undue hardship” to the employer. Meaning, a significant difficulty or expense to the employer.
“Covered Employers” are private and public sector employers with at least 15 employees.
The PWFA prohibits the employer from denying a job or employment opportunity to a qualified employee or applicant because that person would need a reasonable accommodation. It also prohibits an employer from requiring an employee to take a leave of absence if a reasonable accommodation can be provided. An employer cannot interfere with an employee’s rights under the PWFA. Additionally, an employee cannot be required to accept an accommodation without a discussion first occurring between the employee and the employer. Furthermore, an employer cannot retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding or investigation.
The EEOC will be issuing regulations regarding the PWFA. The EEOC is accepting charges under the PWFA provided that the claims occurred on June 27, 2023 or thereafter. To see additional information on the EEOC website and/or to find out more information about filing a charge, click here.
(Attorney Advertisement)