The Pregnant Workers Fairness Act (PWFA) took effect June 27, 2023, expanding protections to ensure that workers experiencing pregnancy, childbirth, or related medical conditions have the right to reasonable accommodations in the workplace. The U.S. Equal Employment Opportunity Commission (EEOC) will begin accepting charges of discrimination under this new statute for incidents that occurred on or after June 27, 2023.
The PWFA requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. This law builds upon existing protections against pregnancy discrimination under Title VII of the Civil Rights Act.
What are some examples of reasonable accommodations for pregnant workers?
The House Committee on Education and Labor Report on the PWFA provides several examples of possible reasonable accommodations including the ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. Employers are required to provide reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations. An “undue hardship” is significant difficulty or expense for the employer.
Handbook and Notice Changes
All employers are advised to change the notices in their handbooks, and/or on their walls, to include a discussion of the WPFA. The EEOC will issue guidance on such new notice.
FDT’s Employment and Labor Departments
If you are unsure how to apply this new law, or have a pregnant employee who has requested an accommodation, feel free to call Partner & Chair, Gregory S. Lisi, Esq. or Partner, Keith Frank, Esq. in the Labor & Employment Law Department at 516-248-1700.
FDT’s Employment and Labor practice has two principal components: counseling and litigation. Our attorneys regularly handle employment disputes in federal and state courts and before administrative agencies for matters relating to employment discrimination and harassment, wrongful discharge, sexual harassment claims, wage and hour claims, restrictive covenants, unfair competition, theft of trade secrets, breach of contracts, and whistleblower claims. We also work with management, human resources, and personnel professionals in connection with various employment issues and union disputes.