Pregnant Workers Fairness Act

On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) went into effect. The PWFA is a federal law that requires covered employers (public or private sector employers employing at least 15 employees) to provide a reasonable accommodation to employees and applicants who are pregnant, or have limitations related to pregnancy or childbirth. The law does not replace existing federal, state, or local laws which are more protective of workers affected by pregnancy, childbirth, and related medical conditions.

A report by a Congressional House Committee provides examples of what may be a reasonable accommodation, including but not limited to:

• Taking additional break times for using the bathroom, resting, or eating.
• Parking closer to the workplace
• Taking leave or time off to recover from childbirth.
• Being excused from strenuous activities.

Under the PWFA, a covered employer may not:

• Require an employee to take leave when another reasonable accommodation can be provided that allows the employee to continue working.
• Require an employee to accept an accommodation without discussing the accommodation with the employee.
• Deny employment, or an employment opportunity, based on their need for a reasonable accommodation.
• Retaliate against an individual for reporting or opposing pregnancy discrimination.

The PWFA clarifies and expands the protections for pregnant workers and workers with related medical conditions, expanding upon the framework of Title VII and the ADA to ensure pregnant workers are granted a reasonable accommodation.

If you have any questions about the PWFA or other human resources issues, please contact HR Partners at 785-233-7860.