What Is the Pregnant Workers Fairness Act (PWFA)?
Employment laws protect workers from discrimination and harassment based on protected characteristics, such as gender, religion, race, and disability. Additional laws provide further protections to pregnant workers. Recently, the Pregnant Workers Fairness Act (PWFA) went into effect. The PWFA allows pregnant workers reasonable accommodations that enable them to perform essential job duties.
Pregnancy discrimination lawyer Gregory Thyberg, who serves the Sacramento, CA, area, provides an overview of the PWFA and discusses what employees can do if an employer violates the rights provided by this act.
When Did the PWFA Go into Effect?
Congress passed the PWFA, putting it into effect in June of 2023. The Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the law on April 15, 2024. Under this final regulation, the act went into effect on June 18, 2024.
What Is the PWFA?
The PWFA is essentially a gap filler for the Americans with Disabilities Act (ADA). As described by the EEOC, the PWFA explicitly provides protections for workers who are pregnant or have medical conditions related to pregnancy or childbirth. Under this act, covered employers must provide reasonable accommodations that enable employees to do their jobs when affected by pregnancy, childbirth, or related medical conditions unless the accommodation will place an undue hardship on the employer.
What Is a “Reasonable Accommodation?”
A reasonable accommodation is a modification or adjustment to the work environment or employment application process that enables an employee to perform essential job duties and enjoy equal employee benefits. Examples of reasonable accommodations that may be requested under the PWFA include:
- Modified work schedule
- Uniform modifications
- Permitting additional restroom breaks
- Permitting breaks to eat or drink
- Allowing an employee to keep or carry water
- Allowing an employee to sit or stand, as needed
- Allowing an employee to telework
- Temporary reassignment to a position that can be performed with the employee’s limitations
- Accommodating lactation breaks and providing lactation spaces
- Approving unpaid leave for prenatal appointments, childbirth recovery, or postpartum depression
Under the PWFA, a request for a reasonable accommodation does not have to be in writing. Employees can verbally communicate their need for accommodation concerning pregnancy, childbirth, or related medical conditions.
Who Does the PWFA Cover?
The PWFA applies to private and public employers with 15 or more employees. The Act also applies to Congress and Federal agencies. Covered applicants have limitations (physical or mental conditions) related to or arising out of pregnancy, childbirth, or related medical conditions.
What Can I Do if My Employer Violates the PWFA?
The EEOC began accepting complaints alleging violations of PWFA as of June 27, 2023. Employees can file a complaint with the EEOC by phone, online, or in person at the nearest EEOC help center.
Employers who violate the PWFA may also be legally liable for related economic and non-economic losses. Employment discrimination lawyer Gregory Thyberg works with employees in the Sacramento area to assess damages and determine if there are grounds to file a discrimination claim.
Contact Us
Workers should not face negative consequences or be denied employment opportunities due to pregnancy, childbirth, or related medical conditions. Individuals in the Sacramento area who believe an employer has violated rights provided by the PWFA or other employment laws can discuss their case with Gregory Thyberg to learn about their legal options. Contact our law firm online to schedule a consultation at your earliest convenience.
