The Pregnant Workers Fairness Act (PWFA) started on June 27, 2023. It applies to employers with 15 or more workers. The PWFA aims to fill gaps in pregnancy protection laws. It requires employers to treat pregnancy-related accommodation requests the same as disability requests under the ADA. The PWFA doesn’t replace laws that offer more protection for pregnant workers. Workers don’t need an ADA-defined disability to get a PWFA accommodation. The PWFA covers “known limits” linked to pregnancy and childbirth.
Even normal pregnancies may have limits covered by the PWFA. “Known limits” are physical or mental conditions related to pregnancy that the worker has told the employer about. They don’t have to meet the definition of disability.
Reasonable accommodations are changes to the work environment or the way things are usually done at work.
Examples of Reasonable Accommodations for PWFA
- The ability to sit or drink water, and/or have food or water at the workstation
- Utilize a closer parking spot
- Work flexible hours, or possibly work remotely
- Receive appropriately sized uniforms and safety apparel
- Take additional break time to use the bathroom, eat, and rest
- Take leave or time off to recover from childbirth
- Be excused from strenuous activities and/or activities that involve exposure to chemicals not safe for pregnancy.
An employer can’t deny a job or other work chances to a qualified worker or applicant because they need reasonable accommodations. An employer also can’t make a worker take leave if another reasonable accommodation would let them keep working.
The Equal Employment Opportunity Commission (EEOC) has given lots of info on their site for employers. It clearly explains the new law. Click Here to Learn More
The Equal Employment Opportunity Commission is proposing a rule to put the Pregnant Workers Fairness Act in place. Comments on this proposal must reach the Commission by October 10, 2023. Abel Personnel suggests you keep following us on this topic as we track all updates.
As covered employers navigate these new accommodation rules, Abel Personnel can help with all aspects of preparing for and staying compliant under the new law.
