Employers take note: a new law creates a request for accommodation framework for employees with known limitations due to pregnancy, childbirth or related conditions that is similar to the Americans with Disabilities Act (ADA), but with expanded protection.
With the formal enactment of the Pregnant Workers Fairness Act (PWFA) on June 27, 2023, employers with 15 or more employees are now required to provide reasonable accommodation to qualified applicants and employees with known limitations due to pregnancy, childbirth or related medical conditions.
Previously, accommodations were only required when the employee's pregnancy, childbirth or related medical condition resulted in a disability, or when accommodations were made to similarly situated nonpregnant employees. The PWFA expands employers' obligations to provide reasonable accommodation and created a process similar to that under the ADA for requesting accommodation.
Applicable employers must engage in an interactive process with the pregnant employee to determine: (1) if the employee is entitled to a reasonable accommodation under the PWFA; and, (2) what accommodation may be reasonable. Examples of possible reasonable accommodations include:
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