The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023, and the EEOC will now be investigating and enforcing all charges for conduct alleged to have occurred on or after that date. The PWFA requires covered employers (generally, private and public sector employers with at least 15 employees) to provide reasonable accommodations for pregnant workers (existing laws already prohibit firing or discrimination on the basis of pregnancy).
Examples of reasonable accommodations that employers are now required to make for pregnant workers include:
- the ability to sit or drink water;
- 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; and
- excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy
Like other federal statutes requiring workplace accommodations, the employer is not required to provide accommodations that would pose an undue hardship on the employer’s business. An undue hardship, which is a fact-intensive question, must involve a significant difficulty or expense for the employer in granting the request accommodation.
In addition to providing reasonable accommodations to pregnant workers, the PWFA also prohibits employers from:
- Requiring an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer;
- Denying a job or other employment opportunities to a qualified employee or applicant based on the person’s 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 (such as an investigation); or
- Otherwise interfering with any individual’s rights under the PWFA.
The EEOC has provided an informational poster for the PWFA, available here. The EEOC has also provided a full Q and A for employers here. The statute itself is available here.
Employers are now fully on notice that they will be investigated and face potential lawsuits for the failure to provide reasonable accommodations to pregnant workers.