Pregnant Workers Fairness Act

In December 2022, President Biden signed into law the Pregnant Workers Fairness Act (“PWFA”). The law, which took effect in June, applies to all employers with at least 15 employees. It requires employers to provide “reasonable accommodations” for “known limitations” related to pregnancy, childbirth, and related medical conditions that do not cause “undue hardship” (defined as “significant difficulty or expense”) on the employer.

While the PWFA largely mirrors the Americans With Disabilities ACT (“ADA”) the notable exception is that the PWFA does not require limitations to be severe. That is, the PWFA provides protections and accommodations for healthy and otherwise uncomplicated pregnancies and births.

While the Equal Employment Opportunity Commission (EEOC) has not finalized rules to carry out the law, the EEOC has preliminarily indicated “reasonable accommodations” required by the PWFA may include:

• Providing appropriately sized uniforms and protective equipment
• Additional break time
• Time off to recover from childbirth
• Being excused from strenuous activities

Under the ADA, employers were generally not required to provide light duty assignments for pregnant employees. Though it remains to be seen, it stands to reason that EEOC rules will likely require employers from requiring employees to accept accommodations without a discussion with the employer and requiring an employee to take leave if another reasonable accommodation can be provided.

Should you or other members experience difficulties with your employer related to pregnancy or childbirth, please see your Union Rep.