PREGNANT WORKERS FAIRNESS ACT
The recently passed Pregnant Workers Fairness Act ("PWFA"), which goes into effect on June 27, 2023, requires employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship." Below is a summary of some of the key provisions of the PWFA in anticipation of the new law's effective date.
PWFA PROTECTION OVERVIEW:
Pregnancy discrimination is already prohibited by the Pregnancy Discrimination Act of 1978. The PWFA fills in this gap by extending protections similar to those provided under the ADA. Under the act, employers with 15 or more employees will be required to provide reasonable accommodation for "the known limitations related to pregnancy, childbirth, and related medical conditions of a qualified employee.”
Specifically, the PWFA prohibits employers from…
Requiring covered employees to "accept an accommodation other than any reasonable accommodation arrived at through the interactive process.”
Denying "employment opportunities" to covered employees "based on the need" to "make reasonable accommodations.”
Requiring covered employees "to take leave, whether paid or unpaid, if another reasonable accommodation can be provided.”
Taking "adverse action in terms, conditions, or privileges of employment against" covered employees requesting reasonable accommodations; and
Retaliating against employees for reporting or opposing unlawful discrimination under the PWFA.
REASONABLE ACCOMMODATIONS UNDER THE “PWFA”:
The law's definition of reasonable accommodation is the same as the definition in the ADA, which defines it as a modification or adjustment to a job or the work environment that enables an employee with a disability an equal opportunity to successfully perform a job. However, the PWFA does not specify the types of reasonable accommodations that may be required.
WHAT CONDITIONS ARE COVERED?
By its terms, the PWFA does not apply to pregnancy itself, but the "known limitations related to pregnancy, childbirth, or related medical conditions."
TAKEAWAYS:
The PWFA seeks to ensure that pregnant workers are able to continue in their jobs with reasonable accommodations. Employers may want to consider taking the following actions in preparation of the PWFA's effective date…
Reviewing and updating accommodation policies in compliance with the PWFA and applicable state laws;
Training supervisors and the human resources department to understand the requirements of the PWFA and to recognize potential requests for accommodations under the PWFA; and
Analyzing what accommodations employers could potentially provide to pregnant employees for known issues.
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 | 📞 718-317-500