The Pregnant Workers Fairness Act
Aug 9, 2023 | Written by: | Share
On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The PWFA took effect on June 27, 2023, and requires “covered” employers to provide reasonable accommodations for an employee’s or applicant’s known limitation(s) “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,” absent undue hardship on the operation of the business of the employer. (”Covered employers” include private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations.)
The PWFA responds to these and other limitations and fills the gaps in current federal legal protections. Under the PWFA, coverage is the same as Title VII and the ADA, and reasonable accommodations are available to help apply for a job, perform a job, or enjoy equal benefits and privileges of employment. Unlike current federal legislation, however, the PWFA can temporarily suspend the current legal requirement that with the accommodation, the employee is able to perform the essential function of a position.
Importantly, the PWFA allows those with uncomplicated pregnancies to also seek accommodations, recognizing that even uncomplicated pregnancies often create limitations for employees.
Likewise, the PWFA appears to be more expansive than the 2014 amendment to the New Jersey Law Against Discrimination (NJLAD). The amendment to the NJLAD was also through legislation called the Pregnant Workers Fairness Act, which included medical conditions related to pregnancy, childbirth, and recovery, as well as breastfeeding, as protected classifications under the law.
Under the PWFA, possible reasonable accommodations now include, but are not limited to:
- Job restructuring.
- Part-time or modified work schedules.
- More frequent breaks.
- Unpaid leave, including time to attend health care-related appointments and to recover from childbirth.
- Assignment to light duty.
- Telework.
The EEOC is currently seeking comment from employers as to other possible accommodations, and requests information regarding the cost of accommodation.
What Employers Should Do To Comply
Employers should update accommodation policies and specifically inform employees on how to request accommodations and how requests will be handled through an interactive process. Employees should also be advised that an accommodation will not be extended if it creates an undue hardship.
The EEOC previously released resources on the PWFA, including a webinar for employers, an informational poster and an updated "Know Your Rights" poster required to be posted in most workplaces.
Leslie A. Parikh, Esq., is a partner with Gebhardt & Kiefer, PC. She practices primarily in the areas of employment law, civil rights litigation, municipal law, insurance defense, and the representation of public entities in both State and Federal Court. Contact Ms. Parikh at 908-735-5161 or via email.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.