Are you Prepared to Comply with the Pregnant Workers Fairness Act?

The Pregnant Workers Fairness Act (PWFA), recently signed into law by President Biden and effective June 27, 2023, will expand existing federal protections of pregnant workers. 

Employers will now be required to engage in the interactive process and make reasonable accommodations for physical or mental limitations related to pregnancy, childbirth, or related medical conditions, irrespective of whether the conditions rise to the level of a "disability" under the Americans with Disabilities Act (ADA), as long as such accommodations do not cause an undue hardship. 

What Does the PWFA Prohibit? 

Under the PWFA, employers cannot: 

• Fail to provide a reasonable accommodation for workers who have limitations from pregnancy, childbirth, or related medical conditions, unless the employer can establish the accommodation would cause an undue hardship; 

• Require that a qualified employee accept an accommodation other than a reasonable accommodation arrived at through the interactive process; 

• Deny employment opportunities to qualified workers based on the need to provide an accommodation under the PWFA; 

• Discriminate against a qualified worker who requests or uses an accommodation under the statute. 

What Accommodations are Reasonable? 

The PWFA relies on the same definition of "reasonable accommodation" as the ADA. 

What Has Not Changed? 

The ADA, Title VII of the Civil Right Act, the Family and Medical Leave Act, and the Providing Urgent Maternal Protections for Nursing Mothers Act each continue to offer protection to workers affected by pregnancy, childbirth, and related conditions. Additionally, the PWFA does not replace any federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. 

What are the Consequences for Violating the PWFA? 

Under the PWFA, an employee may pursue a private action against their employer after completing all administrative procedures. Additionally, the EEOC and Attorney General have the same investigatory and enforcement powers as they do under Title VII. 

Employer Takeaways 

To prepare for compliance with the PWFA, employers should: 

•  Review existing accommodation policies and revise them accordingly; 

• Train human resources and management on how to handle PWFA accommodation requests; and 

• Engage in the interactive process with employees requesting accommodation based on pregnancy, childbirth, or related medical conditions. 

This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧 kevin@kmckernan.com  | 📞 718-317-5007