The U.S. Pregnant Workers Fairness Act Goes Into Effect on June 27, 2023
The new Pregnant Workers Fairness Act went into effect on June 27, 2023. It expands the rights of pregnant women at work with "known limitations" due to their pregnancy, who now can ask for reasonable workplace accommodations. A reasonable accommodation is mandatory unless it causes an undue burden at work on the employer. This new federal law covers employers in the U.S. with 15 or more employees.
The Pregnant Workers Fairness Act (PWFA) helps pregnant workers obtain reasonable accommodations at their workplace so they can continue to work due to "known limitations" arising from pregnancy.
PWFA changes things. The request no longer requires the medical limitations equal a disability, a much higher standard, under the Americans With Disabilities Act (ADA). It also does not require any proof of discrimination, such as someone else not pregnant got the same "deal," but the pregnant person has been denied it as too difficult or without reason.
Simply put, PWFA requires employers with 15 or more employees to accommodate pregnant workers with known limitations arising from pregnancy, which is defined as "pregnancy, childbirth, or related medical conditions of a qualified employee." [PWFA, Section 103 at (1)].
A reasonable accommodation also is likely to require an interactive process, as with the ADA. The Act refers to it without spelling out the process. [PWFA, Section 103 at (2)]. The interactive process mandate with further detail likely shall issue via regulation, as with the ADA. If not, courts will have to interpret this detail. PWFA contains an anti-retaliation provision too. [PWFA, Section 103 at (5)].
You can read the new PWFA here. The EEOC is accepting Charges about it, and likely will issue guidance this year, reports the EEOC (linked here).
Gregg H. Mosson, Esq.
Mosson Law, LLC
ABOUT: Our founder and experienced attorney, Mr. Mosson, focuses on representing employees in claims of illegal discrimination, illegal retaliation, disability rights violations, FMLA interference, wrongful terminations, and when seeking owed wages. He also serves people seeking disability benefits from Social Security. His experience and knowledge in these areas of the law are vast and helpful to the clients he represents. For more details, visit the Web site at www.mossonlaw.com. To contact us, you can click here or call 443-226-0601.