Effective 27 June 2023, the Pregnant Workers Fairness Act (PWFA)1 is a new law that closes a gap in coverage under federal law for pregnant and postpartum workers and applicants. This new law guarantees the affirmative right to receive reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions absent an "undue hardship" on the employer. Under the PWFA, pregnant or postpartum employees and applicants seeking reasonable accommodations are no longer required to (1) have a pregnancy-related disability or (2) identify other similarly situated employees with accommodations, as was previously required under existing federal laws governing pregnancy-related discrimination.
LIMITATIONS OF THE CURRENT LEGAL LANDSCAPE ADDRESSING ACCOMMODATIONS FOR PREGNANCY AND RELATED CONDITIONS
Prior to passage of the PWFA in December 2022, pregnant or postpartum employees and applicants were limited in their ability to obtain reasonable accommodations because of pregnancy, childbirth, or related medical conditions under federal law. Although the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964 (Title VII), protects employees from discrimination on the basis of pregnancy, childbirth, or related medical conditions, employees are entitled to reasonable accommodations for such conditions under the PDA only if they can identify other similarly situated employees in the workplace who received...
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