What Is the Pregnant Workers Fairness Act?

The Pregnant Workers Fairness Act prohibits employment practices that discriminate against pregnant workers by failing to make reasonable accommodations that would allow those workers to perform the essential functions of their job. It was signed into law by President Joseph R. Biden, as part of the Consolidated Appropriations Act of 2023, on Dec. 29, 2022.1

Specifically, Section 103 of the act makes it illegal to:

• Fail to reasonably accommodate known limitations of pregnant employees unless the accommodation would impose an undue hardship on the employer's business operations.
• Require a pregnant employee to accept an accommodation other than one arrived at through an interactive process.
• Deny employment based on the employer's need to make reasonable accommodations to a pregnant employee.
• Require a pregnant employee to take paid or unpaid leave if another reasonable accommodation can be provided.
• Take adverse action in terms, conditions, or privileges of employment against a pregnant employee requesting or using reasonable accommodations.1

The law establishes enforcement procedures and remedies that cover different types of employees in relation to unlawful employment practices. It includes a provision requiring examples of reasonable accommodations be provided to pregnant workers and prohibits state immunity from provisions of the law. It goes into effect on June 27, 2023.1

Key Takeaways

• The Pregnant Workers Fairness Act...

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