If you are an employer or an employed woman, this information may be important for you.
Did you know that as of June 2023, the Pregnant Workers Fairness Act (PWFA) came into effect?
This federal legislation applies to employers with 15 or more employees and provides critical protections for pregnant workers and job applicants.
The PWFA benefits qualified individuals who may have temporary limitations related to pregnancy, childbirth, or related medical conditions. Under this law, employers must provide reasonable accommodations to pregnant workers who are qualified job applicants or employees.
Who Qualifies as a Job Applicant or Employee Under the PWFA?
The Pregnant Workers Fairness Act protects any pregnant individual who:
- With or without a reasonable accommodation, can perform the essential functions of the employment position.
- Is experiencing temporary inability to perform an essential function but will be able to perform it in the near future, and the inability to perform can be reasonably accommodated.
What Are Employer Obligations Under the PWFA?
Employers are required to provide reasonable accommodations unless doing so imposes an undue hardship on the business operations.
It is important to note that these accommodations are to be reached through an interactive exchange between the employer and the job applicant or employee. This collaborative process allows both parties to identify effective accommodations that address pregnancy-related limitations.
Prohibited Employer Actions
Employers cannot unilaterally impose certain accommodations, such as requiring an employee to take leave if another reasonable accommodation can be provided.
Under PWFA Section 3(5), employers are prohibited from taking “adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.”
PWFA Rights for State Employees
Can a pregnant woman request reasonable accommodations under this law if she works for the state? The answer is Yes! According to Section 6 of PWFA: “A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this Act.”
This provision ensures that state employees have the same protections and rights to pregnancy accommodations as those working in the private sector.
Contact a PWFA Employment Lawyer
If you believe your rights under the Pregnant Workers Fairness Act have been violated, or if you are an employer seeking guidance on compliance with PWFA accommodation requirements, consulting with an experienced employment lawyer can help protect your interests and ensure proper adherence to federal law.