Understanding the Pregnant Workers Fairness Act: What Employers Should Know

We’ve got you covered when it comes to the Pregnant Workers Fairness Act (PWFA) so you can stay compliant. In short, The Pregnant Workers Fairness Act enhances workplace protections for pregnant employees and those affected by childbirth or related medical conditions and ensures that pregnant workers are granted the necessary accommodations to continue their jobs without discrimination or undue hardship.  

Below is a simple, yet detailed look at what the PWFA is, and how it might affect you and your employees.  

WHAT is the Pregnant Workers Fairness Act? 

The Pregnant Workers Fairness Act, effective from June 27, 2023, mandates that employers provide reasonable accommodations to pregnant workers, as long as it does not cause undue hardship to the employer*.  

Key Provisions of the PWFA 

Reasonable Accommodations: The PWFA requires employers to provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions. Examples of reasonable accommodations might include:  

• Modified work schedules or light duty 
• More frequent breaks for water or rest 
• Temporary reassignment to a less strenuous position 
• Permission to sit instead of stand for long periods 
• Allowing the use of medical equipment like breast pumps

Prohibition of Discrimination: Employers cannot discriminate against workers for requesting or using accommodations related to pregnancy or childbirth. This means:  

• Employees cannot be denied employment opportunities based on their need for reasonable accommodations. 
• Employers cannot require an employee to take leave if another reasonable accommodation can be provided. 

Interactive Process Requirement: The PWFA requires employers to engage in an interactive process with the employee to determine what reasonable accommodations can be provided. This process involves:  

• A dialogue between employer and employee about the nature of the accommodation. 
• Consideration of possible solutions that do not impose undue hardship on the employer.

Protection Against Retaliation: Employees are protected from retaliation for requesting or using accommodations under the PWFA. Employers cannot:  

• Retaliate by firing, demoting, or otherwise discriminating against employees who seek accommodations. 
• Coerce or intimidate employees to refrain from seeking accommodations. 

WHO does the PWFA Apply To?

• Employers with 15 or more employees 
• Employees who are pregnant, have recently given birth, or are dealing with medical conditions related to pregnancy or childbirth. 

Key Takeaways for Employers 

• Review and Update Policies: Employers must ensure that company policies reflect the requirements of the PWFA. This may involve revising employee handbooks, training HR staff, and updating accommodation request procedures. 
• Engage in Interactive Discussions: Employers must actively engage with employees who request accommodations to find solutions that meet their needs without causing undue hardship to the business. 
• Monitor Compliance: Employers must regularly review practices and policies to ensure compliance with the PWFA and other relevant laws. This may include conducting training sessions for management and staff. 
• Document Interactions: Employers must keep records of accommodation requests and the interactive process to protect the company in case of disputes or claims. 

Possible Exception: What Constitutes Undue Hardship? 

While employers are required to provide reasonable accommodations, the PWFA recognizes that there may be limits. An undue hardship refers to an accommodation that would be significantly difficult or expensive for the employer to implement. Factors considered when determining undue hardship include: 

• The nature and cost of the accommodation 
• The overall financial resources of the business 
• The impact of the accommodation on the operation of the business 

Employers are encouraged to carefully assess each request on a case-by-case basis, considering alternative accommodations if the initial request is deemed to cause undue hardship. 

Key Takeaways for Employees 

Employees have the right to: 

• Request Accommodations: Without fear of retaliation, employees can request reasonable accommodations related to pregnancy, childbirth, or related medical conditions. 
• Engage in Interactive Dialogue: Employees are encouraged to participate in the process of determining appropriate accommodations with their employer. 
• Protection from Discrimination: Employees are protected from discrimination for being pregnant or for needing accommodations. 
• Access to Legal Recourse: If an employer fails to comply with the PWFA, employees have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or pursue legal action. 

These changes act as a significant step forward in ensuring workplace equality and safety for pregnant employees. It is imperative that employers take proactive steps to align their policies with the PWFA and stay compliant.  If you have any questions about how this might impact you or your business, we can help!  Schedule a meeting here to confirm you are doing things just right.  

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