On June 27, 2023, a new federal law took effect which grants further protections for pregnant employees and applicants. The Pregnant Workers Fairness Act (“PWFA”) is designed to provide pregnant employees and job applicants with reasonable accommodations in the workplace. This means that employers must provide accommodations such as light duty, additional bathroom breaks, or assistance with manual labor, if necessary, to ensure the health and safety of pregnant workers.
The PWFA applies to employers with fifteen (15) or more employees and will be enforced by the Equal Employment Opportunity Commission (EEOC). The law specifically prohibits employers from:
- Not making reasonable accommodations to the physical or mental condition(s) related to, affected by, or arising out of pregnancy, childbirth, or related medical condition(s) that the qualified employee or qualified employee’s representative has communicated to the employer, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business.
- The employer may not require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process.
- The employer may not require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the physical or mental condition(s) related to, affected by, or arising out of pregnancy, childbirth, or related medical condition(s) of the qualified employee.
- Taking adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the physical or mental condition(s) related to, affected by, or arising out of pregnancy, childbirth, or related medical condition(s) of the qualified employee.
- Denying employment opportunities to a qualified employee (or an applicant) if such denial is based on the need of the covered entity to make reasonable accommodations to the physical or mental condition(s) related to, affected by, or arising out of pregnancy, childbirth, or related medical condition(s) of the qualified employee (or applicant).
As always, the Business Practice Group at Stock and Leader monitors all legislation developments. Members of our Group are ready to discuss concerns, answer questions, and provide counsel on any of your employer’s issues.