Understanding the Pregnant Workers Fairness Act (Breakdown and FAQ)
May 13, 2024
Overview of the Pregnant Workers Fairness Act (PWFA)
What is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act (PWFA) is a significant piece of legislation designed to protect the rights of pregnant employees and job applicants. Effective June 27, 2023, this law mandates that employers provide reasonable accommodations for employees or applicants experiencing limitations due to pregnancy, childbirth, or related medical conditions. This requirement is in place unless the accommodation would impose an undue hardship on the employer.
Unlike other laws that prevent discrimination based on pregnancy, the PWFA specifically addresses accommodations, ensuring that pregnant workers receive the necessary adjustments to perform their jobs effectively.
When did the PWFA go into effect, and what regulations support it?
The PWFA officially went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) issued final regulations on April 15, 2024, which will be enforced starting June 18, 2024. These regulations provide detailed guidelines for employers on how to comply with the law. You can review a summary of the final regulation on the EEOC’s website.
Are charges being accepted under the PWFA?
Yes, the EEOC began accepting charges of violations under the PWFA starting June 27, 2023. This means that employees can file complaints if they believe their rights under the PWFA have been violated. Additionally, other laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) also protect workers from discrimination related to pregnancy, childbirth, and related medical conditions. The EEOC continues to process charges under these laws alongside the PWFA.
Which employers are required to comply with the PWFA?
The PWFA applies to private sector employers and public sector employers (state and local governments) with 15 or more employees. It also extends to federal agencies, Congress, employment agencies, and labor organizations. This broad coverage ensures that a wide range of employers provide necessary accommodations for pregnant workers.
Who benefits from the PWFA?
The PWFA protects qualified employees and job applicants who have known limitations related to pregnancy, childbirth, or related medical conditions. These limitations could be physical or mental and need to be communicated to the employer by the employee or their representative.
What obligations do employers have under the PWFA?
Under the PWFA, employers must:
- Provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless doing so would cause undue hardship.
- Engage in an interactive process with employees to determine suitable accommodations.
- Avoid denying employment opportunities based on the need for accommodations.
- Not require employees to take leave if another reasonable accommodation can be provided.
- Prohibit retaliation against employees or applicants for requesting accommodations or participating in PWFA-related proceedings.
Understanding Reasonable Accommodations under the Pregnant Workers Fairness Act (PWFA)
What constitutes a “reasonable accommodation” under the PWFA?
Reasonable accommodations are modifications or adjustments to a job or work environment that enable an employee to perform their job duties despite limitations. Examples of reasonable accommodations include:
- Flexible break times for resting, eating, or using the restroom.
- Adjusting food and drink policies to allow for personal needs.
- Modifying workstations or providing equipment like stools or standing desks.
- Changing work schedules to allow for shorter hours or different start times.
- Allowing telework or temporary reassignment.
- Providing leave for medical appointments or recovery from childbirth.
Does an employer have to provide leave as an accommodation?
Leave can be considered a reasonable accommodation under the PWFA. However, employers are not required to provide leave if it causes undue hardship. Undue hardship refers to significant difficulty or expense for the employer.
Who qualifies as an employee or applicant under the PWFA?
An individual is considered “qualified” if they can perform the essential functions of their job with or without a reasonable accommodation. Essential functions are the fundamental duties of a job. Even if an employee is temporarily unable to perform these functions, they may still be protected if the inability is temporary, and they can perform the functions in the near future with reasonable accommodations.
How can employees request accommodations, and how should employers respond?
Employees should inform their employer about their limitations and the need for accommodations. This can be done through simple statements such as needing more bathroom breaks due to pregnancy or requiring a later start time because of morning sickness. Once notified, employers should engage in an interactive process with the employee to discuss and implement appropriate accommodations. The Job Accommodation Network (JAN) provides resources to help identify suitable accommodations JAN.
Transform Your Workplace with The HR Consultants at The Unit Consulting
Ensuring compliance with the Pregnant Workers Fairness Act is essential for fostering a supportive and inclusive workplace. At The Unit Consulting, we specialize in helping Texas employers navigate complex HR regulations and implement effective accommodations. Our expert team is here to support your business in creating a positive work environment that benefits both employees and employers. Contact us today to learn how we can help you stay compliant and build a healthier workplace culture.
