As part of the comprehensive Consolidated Appropriations Act of 2023, President Biden recently signed into law the Pregnant Workers Fairness Act (PWFA). The PWFA, which applies to employers with 15 or more employees, aims to provide additional protections to pregnant workers beyond those provided under both the Pregnancy Discrimination Act and the Americans with Disabilities Act. The PWFA becomes effective June 27, 2023.
The PWFA covers the known limitations of pregnant workers, meaning any physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that have been communicated to the employer. Known limitations are covered even if they do not meet the definition of a disability under the ADA. The Act provides protections to employees and applicants for employment without any waiting periods.
The Act makes it unlawful for an employer to:
- Not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified individual, unless the employer can demonstrate that the accommodation would impose an undue hardship;
- Require a qualified individual to accept an accommodation that is not a reasonable one arrived at through the interactive process;
- Deny employment opportunities to a qualified individual if the denial is based on the need of the employer to provide reasonable accommodations;
- Require a qualified individual to take leave if another...
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