Sarah M. Block
Tue, 06/27/2023
On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”), a new federal law providing expanded workplace protections to pregnant workers, becomes effective. Although existing federal laws protect workers from unlawful discrimination on the basis of pregnancy, childbirth, or related conditions, the PWFA enhances these employment protections by requiring employers to provide reasonable accommodations to workers experiencing limitations arising from pregnancy, childbirth, or related conditions even if those limitations do not rise to the level of a “disability.” Examples of accommodations which may be considered “reasonable accommodations” under the PWFA include but are not limited to closer parking, flexible hours, additional bathroom or rest breaks, or excuse from activities that would involve exposure to compounds not safe for pregnancy. Significantly, under the PWFA, an employer cannot require an employee to take leave if another reasonable accommodation can be provided that would let the employee continue to work, nor can the employer force an employee to accept an accommodation without first having a discussion with that worker.
Once the PWFA goes into effect, the EEOC will be charged with issuing regulations to implement the law and with enforcing its protections. This means that workers will be able to file a charge with the EEOC complaining of conduct prohibited under the PWFA that occurs on June 27, 2023, or later. However, like other federal employment laws, the PWFA applies only to private and public sector employers with at least 15 employees.
If you believe that you have experienced workplace discrimination or have been denied a reasonable accommodation on any ground, please contact MSE through our website to speak with an attorney and to learn more about your rights.
