Beginning June 27, 2023, a new federal law—the Pregnant Workers Fairness Act (the "PWFA")—expands protections for pregnant job applicants and employees. In particular, the PWFA requires, among other things, that covered employers provide a reasonable accommodation for known limitations related to pregnancy, childbirth, and associated medical conditions of qualified employees and job applicants unless the accommodation would cause an undue hardship.
As described below, the PWFA imposes new requirements on many employers. Covered employers should consider updating their accommodation policies and providing additional training of human resources staff and other personnel. This Legal Update summarizes the PWFA's requirements, describes the PWFA's relationship to other federal and state laws concerning similar subjects, and suggests potential next steps for employers.
The PWFA applies to private employers with 15 or more employees.1 Most of the PWFA's protections, however, extend to only "qualified" employees. Under the PWFA, a "qualified employee" is "an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position."2 The PWFA specifies, however, that an employee or applicant shall still be considered qualified if (1) any inability to perform an essential function is for a temporary period; (2) the essential function could be performed in the near future; and (3) the inability to perform the...
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