On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) went into effect and the Equal Employment Opportunity Commission (“EEOC”) began accepting charges alleging violations. On April 15, 2024, the EEOC issued its final regulation on carrying out the PWFA. The EEOC regulation will take effect on June 18, 2024.
The PWFA prohibits employers from discriminating against qualified employees and applicants on the basis of mental or physical limitations arising from pregnancy, childbirth, and other related conditions, including limitations arising from abortion. It also requires employers to grant qualified employees and applicants' reasonable accommodations for limitations arising from such pregnancy-related conditions. Like similar laws, under the PWFA, accommodations that would cause “undue hardship” are not considered “reasonable.”
Therefore, employers are not required to grant them. Reasonable accommodations might affect, amongst other things, assignments and duties; equipment and workspace; dress codes/uniforms; schedules (including breaks and leaves of absence); and work locations. While leaves of absence might be reasonable accommodations for some employees, the PWFA prohibits employers from requiring employees to take leave if alternative reasonable accommodations are available.
Take note that, under the PWFA, employers are expected to provide reasonable accommodations to all qualified employees, including ones who do not formally request accommodations. The duty to accommodate a specific employee arises when the employer knows that the employee is experiencing a pregnancy-related condition that might require an accommodation.
Additionally, the PWFA prohibits a range of employer conduct, including but not limited to:
Denying job opportunities to employees (or candidates) based on the need for reasonable accommodations;
Punishing or retaliating against employees (or applicants) for requesting or using reasonable accommodations, reporting or opposing suspected PWFA violations, or cooperating in PWFA proceedings such as investigations or hearings; and
Coercing individuals who are exercising, or helping others exercise, rights under the PWFA.
Employers may require employees to provide confidential health/medical information for the purposes of assessing reasonable accommodations under the PWFA. However, as with similar laws, employers are responsible for maintaining the confidentiality of such information collected.
The PWFA applies to all private employers (including employment agencies) with 15 or more employees, as well as government employers. The PWFA is not intended to replace other similar laws – whether federal, state, or local. Employers that are subject to similar laws must continue to comply with all such laws, in addition to the PWFA, if applicable.
The EEOC is responsible for enforcing the PWFA. The EEOC will also continue enforcing similar employee rights under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (“ADA”). The Department of Labor will continue enforcing similar employee rights under the Family Medical Leave Act (“FMLA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”).
This summary is for general informational purposes only. Circumstances might vary. Consult with an attorney for legal advice on your specific rights or responsibilities. For a few key provisions of the Pregnant Workers Fairness Act: Summary of Key Provisions of EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act (PWFA) | U.S. Equal Employment Opportunity Commission
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