Q. "Does the Pregnant Workers Fairness Act (PWFA) affect us?"
Answer:
The Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023, and applies to all employers with 15+ employees.
Begin training and equipping supervisors and leadership regarding the requirements of the PWFA now so come June 27, all feel confident appropriately responding to reasonable accommodation requests.
Here's what you need to know about PWFA:
Other laws still apply, such as Title VII, ADA, FMLA, and the PUMP Act
This does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions
Only applies to “reasonable accommodations” in work environment or practices:
Requires “reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an 'undue hardship'"
Undue hardship must “cause significant difficulty or expense for the employer”
Reasonable accommodations include modifying work schedules; changing food or drink policies; providing closer parking; offering additional or more flexible break time to use the bathroom, eat, or rest; and providing leave or time off to recover from childbirth.
Employers cannot:
Require an employee to accept accommodation without a discussion between the worker and the employer
Deny a job or other employment opportunities to a qualified employee or applicant based on the need for reasonable accommodation
Require an employee to take leave if reasonable accommodation allowing the employee to continue working can be provided
Retaliate against an individual for reporting or opposing unlawful discrimination or participating in a PWFA proceeding (such as an investigation)
For more information, please visit https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act.