The recently passed Pregnant Workers Fairness Act (PWFA), set to go into effect on June 27, 2023, will require employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth, or related medical conditions. The requirement will apply to employers with 15 or more employees, unless the accommodation would cause the employer an undue hardship. The U.S. Equal Employment Opportunity Commission (EEOC) has provided answers to frequently asked questions (FAQs) on the law, and the PWFA requires the EEOC to also issue regulations to carry out the law. However, the EEOC has not yet indicated when it will do so. Here is a summary of some of the key aspects of the PWFA in anticipation of the new law's effective date.
Pregnancy discrimination is already prohibited by the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964. The PDA requires covered employers to treat employees affected by pregnancy, childbirth, or related medical conditions the same as other similar situated employees. Further, the Americans with Disabilities Act of 1990 (ADA) requires employers to provide reasonable accommodations to employees with certain conditions related to pregnancy that qualify as a disability (e.g., gestational diabetes), though many other common pregnancy-related conditions are not covered.
The PWFA seeks to fill in this gap by extending protections similar...
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