The Pregnant Workers Fairness Act (the “PWFA”) goes into effect on June 27, 2023. Signed by President Joe Biden last year as part of the Fiscal Year 2023 Omnibus Spending Bill, the PWFA requires covered employers to provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodations will cause the employer an undue hardship.
Who is a covered employer under the PWFA?
The PWFA covers employers with at least 15 employees, including both private and public sector employers, Congress, Federal agencies, employment agencies, and labor organizations.
What is a known limitation?
Under the PWFA, a known limitation is a physical or mental condition relating to or arising from pregnancy, childbirth or related medical conditions that has been communicated to the employer, regardless of whether the condition is a disability.
What is a reasonable accommodation under the PWFA?
Reasonable accommodations are changes to the work environment or the way things are usually done at work. This may include accommodations such as, for example, allowing the pregnant employee to sit or drink water; receiving closer parking; having flexible hours; receiving appropriately sized uniforms and safety apparel; receiving additional break time to use the bathroom, eat, and rest; taking leave or time off to recover from childbirth; and/or being excused from strenuous activities and/or activities that involve exposure...
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