The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023, and provides enhanced protections for pregnant workers. The PWFA requires employers with fifteen or more employees to provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions. The final rule grants protections similar to those granted to disabled employees under the Americans with Disabilities Act (ADA), but PWFA gives greater protection to pregnant workers than the ADA, covering most physical and mental conditions related to pregnancy, not only those severe enough to be regarded as disabilities.

For honest, expert advice on how the Pregnant Workers Fairness Act will impact your businesses or your job, consult Employment Attorney Raymond Nardo. 

PWFA Key Provisions

●       Reasonable Accommodations:  Employers must provide reasonable accommodations for pregnant workers unless it would cause undue hardship. Examples of accommodations could include modified work schedules, temporary reassignment to less strenuous tasks, or allowing more frequent breaks.

●       Prohibition Against Discrimination:  Employers cannot discriminate against an employee or job applicant based on pregnancy, childbirth, or related medical conditions. This includes refusing to make reasonable accommodations to pregnant workers or retaliating against someone for requesting accommodations or participating in a PWFA proceeding, such as an investigation.

●      Interactive Process:  Employers are required to engage in an interactive process with the employee to determine suitable accommodations, similar to what is required under the ADA and New York State Human Rights Law.  An employee must not be required to accept an accommodation other than a reasonable accommodation arrived at through an interactive process. Together, employers and employees are expected to determine the accommodations that meet the needs of both parties.

●       Prohibition Against Mandatory Leave:  Employers cannot force a pregnant worker to take leave if another reasonable accommodation is available that would allow her to continue working.

●       Covered Pregnancy Related Limitations: The PWFA may cover pregnancy related limitations including but not limited to: current, past, potential and intended pregnancy; infertility, fertility treatment and the use of contraception; gestational diabetes; preeclampsia and hyperemesis gravidarum; nausea, vomiting, high blood pressure; postpartum depression or anxiety; lactation and conditions related to lactation.

The Impact of PWFA

The Pregnant Workers Fairness Act is a legal breakthrough that strengthens safeguards for working mothers so that they no longer have to decide between keeping their jobs and having a healthy pregnancy. Employers must now determine how to implement accommodations for pregnant workers to comply with the new rule. The ramifications for companies are diverse:   

●  Simplified HR Procedures: To ease PWFA compliance, companies may decide to simplify human resources procedures to allow for pregnant workers’ accommodations without the need for medical certification. 

 ● Enhanced Training: Companies may undertake special training for management and other personnel who have the responsibility to provide for or enforce accommodation requirements.

●   Potential Lawsuits: If companies have not complied with the PWFA, lawsuits could ensue. The Equal Employment Opportunity Commission (EEOC) is intent on enforcing the PWFA retroactively and prospectively. Though the law only went into effect in June of this year, already, the EEOC is enforcing PWFA regulations with several lawsuits. Companies or businesses that fail to abide by PWFA could pay out substantial conciliation fees and penalties. 

Conclusion

The Pregnant Workers Fairness Act safeguards pregnant workers so that employers can no longer force them out of the workplace, or make their lives difficult if they choose to work throughout their pregnancy. Employers must now determine how to implement accommodations for pregnant workers.

All facets of employment, including hiring, firing, promotions, and any other terms or conditions of employment, are covered by this law. As the PWFA takes effect, it will be important for individuals and employers to understand the potential legal implications of the new rule.

For more than 30 years, Employment Attorney Raymond Nardo has represented employees and employers for claims involving pregnancy discrimination, sexual harassment, whistleblower claims, and nearly all other employment claims. He practices extensively in Federal Court, New York State Court, the EEOC, and the New York State Division of Human Rights. Consult Attorney Raymond Nardo for professional  legal advice on the Pregnant Workers Fairness Act.