Published: Union Leader
July 9, 2023
A: The Pregnant Workers Fairness Act ("the Act") became effective on June 27, 2023 and requires employers of 15 or more employees to provide "reasonable accommodations" to workers' known limitations (e.g. physical or mental condition) related to pregnancy, childbirth, or related medical conditions unless the accommodation causes "under hardship" on the employers business operations. The definitions of reasonable accommodation and undue hardship are the same as provided in the American with Disabilities Act ("ADA"). Reasonable accommodations are modifications to a job, the work environment or the way things usually are done. An undue hardship is any action requiring significant difficulty or expense on the employer's operations in light of such facts as its size, financial resources and structure of tits business. The Act does not affect existing federal protections for pregnant workers. Rather, the Act fills a gap by extending protections to qualified employees beyond the Pregnancy Discrimination Act of 1978 ("PDA") and the ADA. In other words, the Act protects certain pregnant workers that would not otherwise be protected by the PDA or the ADA.
In addition to requiring employers to provide reasonable accommodations for a qualified pregnant worker, the Act expressly prohibits employers from engaging in such...
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