[co-author: Patrick DeSabato]*
Q: Does the federal Pregnant Workers Fairness Act (PWFA) require workplaces to change their accommodation and leave practices in a significant way?
A: Potentially. The PWFA requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth or related medical conditions unless the accommodation will cause the employer an “undue hardship.” While 46 states offer some protection to pregnant employees, 26 states already have laws that have requirements that mirror the PWFA. Workplaces that do not already have accommodations for pregnant workers in place must change their accommodation policies to comply with the new law that went into effect on June 27.
Background
The PWFA was enacted to extend extra protections to pregnant workers seeking an accommodation. Title VII, as amended by the Pregnancy Discrimination Act of 1978 (PDA), prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Meanwhile, the Americans with Disabilities Act of 1990 (ADA) requires employers to provide reasonable accommodations for employees with a condition related to pregnancy only if the condition qualifies as a disability under the ADA. The PWFA brings the two together and requires employers to provide reasonable accommodations for employees on the basis of pregnancy, childbirth, or related medical conditions.
The Act applies generally to all public and private employers...
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