Pregnant workers are vulnerable and have endured decades of discrimination in the workplace, often facing unfair treatment and lack of accommodations. In response, a new federal law, the Pregnant Workers Fairness Act (PWFA), has been enacted to ensure pregnant employees receive the protections they deserve. This law requires employers to provide reasonable accommodations, safeguarding the rights and well-being of pregnant workers, and marking a significant step toward creating a more inclusive and supportive work environment.
Employers must familiarize themselves with the PWFA and ensure compliance to avoid potential fines or lawsuits from the Equal Employment Opportunity Commission (EEOC). The challenge many employers face is that the Act was passed quietly as part of a larger bill, leaving many unaware of its requirements. Failing to update policies and train staff on the new accommodations for pregnant workers can lead to legal consequences and harm a business’ reputation, regardless of whether the employer was aware of the law.
Many employers have yet to update their policies and employee handbooks to incorporate the new accommodation requirements outlined in the Pregnant Workers Fairness Act. It is crucial for businesses to do so quickly, as the EEOC is beginning to receive complaints and actively pursue enforcement actions against non-compliant employers.
Enforcement
Starting June 27, 2023, the EEOC began accepting charges for PWFA violations. Workers affected by pregnancy, childbirth, or related conditions may also be eligible for accommodations under Title VII of the Civil Rights Act or the ADA, so the EEOC will continue to handle accommodation claims under these laws alongside the PWFA.
In September, 2024, the EEOC issued notice that it has sued two employers under the PWFA, alleging that a manufacturer and medical practice failed to accommodate employee pregnancies and disabilities as required under the PWFA. Earlier in the month, the agency released notice about a pest control company that has agreed to enter into a conciliation agreement with the EEOC to pay damages and update its policy because it allegedly fired an employee after she requested a reasonable accommodation to attend monthly medical appointments for her pregnancy.
What is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act, which went into effect on June 27, 2023, protects employees and applicants with physical or mental conditions related to pregnancy, childbirth, or related medical conditions.
The law mandates that covered employers provide “reasonable accommodations” to qualified employees or job applicants with known limitations due to pregnancy, childbirth, or related medical conditions, unless doing so would cause the employer “undue hardship.”
The PWFA focuses solely on accommodations, while other laws enforced by the EEOC prohibit firing or discrimination against employees or applicants because of pregnancy or related conditions. Additionally, the PWFA does not override any federal, state, or local laws that offer greater protections for workers impacted by pregnancy or childbirth. Currently, over 30 states and cities have laws requiring accommodations for pregnant workers.
A summary of the regulation is available here.
Who are “Covered Employers” in the PWFA?
The PWFA applies to private employers and public sector employers, including state and local governments, with 15 or more employees. It also covers Congress, federal agencies, employment agencies, and labor organizations.
What are “Reasonable Accommodations” in the PWFA?
Under the PWFA, reasonable accommodations involve adjustments to the workplace or modifications to usual work practices to assist employees with pregnancy-related limitations. Examples of reasonable accommodations include:
Schedule changes such as later start or shorter shifts
- Additional, longer, or more flexible breaks
- Workstation changes such as providing a stool to sit on
- Changing a uniform or dress code or providing safety equipment that fits
- Allowing the pregnant worker to work remotely, if possible
- Temporarily transferring employees to different departments or roles, as needed
- Assigning tasks that are less physically demanding
- Providing reserved parking near the entrance
- Providing a private space to pump milk, regular breaks to pump, or modifications to equipment or uniforms
- Providing leave for health care appointments or to recover from childbirth
An employer cannot refuse an accommodation request without good reason or have an inflexible policy that doesn’t allow for exceptions.
Stay Compliant with Seay Management Consultants
It can be challenging to keep on top of evolving employer laws, let alone get them incorporated into company policies and the employee handbook in a timely manner. With the introduction of the Pregnant Workers Fairness Act, businesses must ensure their policies and handbooks reflect the latest accommodation requirements for pregnant employees. SEAY Management Consultants offers a range of HR services designed to support organizations in this critical task.
Policy Development and Review
SEAY Management can assist your organization in developing comprehensive policies that align with the new accommodation requirements under the Pregnant Workers Fairness Act. Our HR experts are well-versed in reviewing existing policies and ensuring they meet current regulations. We can recommend necessary updates to your policies and employee handbook so that your policies are fully compliant.
Training Programs
Providing effective training for employees and managers is essential when implementing new policies. SEAY Management offers customized on-site training programs that educate your workforce about laws such as the Pregnant Workers Fairness Act, including how to recognize accommodation needs and ensure fair treatment for pregnant workers.
Regulatory Compliance Guidance
Staying compliant with federal and state regulations is crucial to protecting your organization. SEAY Management’s HR experts provide compliance guidance to help you navigate all relevant federal and state employer regulations for your business. This helps reduce the risk of non-compliance and ensures your policies meet the latest regulatory standards.
