Denise Shen, Director of Human Resources, discusses the Pregnant Workers Fairness Act. (July 1, 2024)
What is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act (PWFA) is a federal law that requires covered employers to provide “reasonable accommodations” to a qualified worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless such accommodation will cause the employer an “undue hardship”. An undue hardship is defined as causing significant difficulty or expense.
The PWFA applies to private employers, public sector employers (state and local governments), Congress, federal agencies, employment agencies, and labor organizations with 15 or more employees. The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. More than 30 cities and states have laws that require employers to provide accommodations for pregnant workers. You can see a complete list here: City/State Pregnant Workers Fairness Laws
What types of accommodations are covered?
Accommodations must be reasonable for the employer and not cause an undue hardship, similar to the requirements of the Americans with Disabilities Act (ADA). Accommodations can be anything from providing closer parking, flexible hours, additional time to use the bathroom, or even light duty. Employers and employees can work together on finding an accommodation that would allow the employee to continue working while supporting the essential duties of the job.
Who enforces the PWFA?
The US Equal Employment Opportunity Commission (EEOC) is in charge of enforcement. The PWFA went into effect on June 27, 2023. The EEOC issued the final regulation on April 15, 2024 and it becomes effective June 18, 2024.
Other federal laws covering pregnant workers
Title VII of the Civil Right Act of 1964 (Title VII) protects employees from discrimination based on gender, sex, pregnancy, childbirth, or related medical conditions (among other protected categories).
Pregnant workers may be entitled to protections under the ADA. The ADA protects employees from discrimination based on disability. While pregnancy alone is not considered a disability under the ADA, some medical conditions related to pregnancy may be covered under the ADA.
The PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act) provides protections for employees who need to express breast milk while at work. This new law went into effect in April 2023.
The Family Medical Leave Act (FMLA) provides unpaid, job-protected leave for certain family and medical reasons.
Further information regarding the Pregnant Workers Fairness Act can be found on the EEOC website at PWFA.
