Employers’ Guide to the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) was signed into law in late 2022 and will go into effect on June 27, 2023.  The law requires all employers to provide “reasonable accommodations” to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

The law will apply to all “covered employers” which includes private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations. 

The PWFA applies only to reasonable accommodations.  Title VII of the Civil Rights Act already prohibits discrimination in the workplace on the basis of an employee’s current, past, or potential pregnancy, conditions related to a pregnancy or childbirth, and decisions relating to abortion or birth control.  The Americans with Disabilities Act (“ADA”) further prohibits discrimination against an applicant or employee based on a disability related to pregnancy and also requires employers to provides reasonable accommodations for such disabilities.

Examples of possible reasonable accommodations under the PWFA include the following:

• Ability to sit or drink water
• Access to closer parking
• Flexible hours
• Appropriately sized uniforms and safety apparel
• Additional break time to use the bathroom, eat, and rest
• Leave or time off to recover from childbirth
• Avoiding strenuous activity or exposure to unsafe compounds

In addition to providing these accommodations, employers should also refrain from the following:

• Requiring an employee to accept an accommodation without a discussion between the employer and employee
• Denying a job or other employment opportunity to a qualified employee or applicant based on a need for a reasonable accommodation
• Requiring an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working
• Retaliating against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding
• Interfering with any individual’s rights under the PWFA

The EEOC will begin accepting charges under the PWFA on its effective date of June 27, 2023.  The charge’s allegations must have occurred on or after June 27, 2023.

Michael Luchsinger is a shareholder in our Chicago office and is licensed in both Illinois and Wisconsin.  He can be reached at mluchsinger@smsm.com. For further inquiry contact us at info@smsm.com.