After June 27, 2023, the EEOC will analyze charges regarding accommodations for workers affected by pregnancy, childbirth, or related medical conditions under the PWFA (if the violation occurred after June 27, 2023) and, where applicable, under the ADA and/or Title VII.
The PWFA protects employees and applicants of “covered employers” who have known limitations related to pregnancy, childbirth, or related medical conditions.
”Covered employers” include private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations.
“Reasonable accommodations” are changes to the work environment or the way things are usually done at work.
The House Committee on Education and Labor Report on the PWFA provides several examples of possible reasonable accommodations including the ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. Employers are required to provide reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations. An “undue hardship” is significant difficulty or expense for the employer.
Covered employers cannot:
Other laws that apply to workers affected by pregnancy, childbirth, or related medical conditions, include:
Since the announcement of the Pregnant Workers Fairness Act, Tully Rinckey’s employment law attorneys have been providing commentary to news and media outlets across the country. Please see the news stories and articles below featuring our attorneys:
Ensure your rights are protected under the Pregnant Workers Fairness Act. Our experienced team of employment law attorneys is here to guide you through the legal complexities and advocate for your rights as a pregnant worker.
Don’t face workplace discrimination or unfair treatment alone. We understand the challenges and barriers you may encounter, and we are dedicated to securing a workplace that respects your rights and accommodates your needs.
