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Helena I. Poch Ciechanowski Patricia Tsipras
June 20, 2023
UPDATE: On February 27, 2024, a federal district court in Texas ruled that Congress violated the Constitution when it passed the Pregnant Workers Fairness Act (PWFA) because it lacked the required quorum. Specifically, Congress allowed some lawmakers to vote on the legislation by proxy, rather than in person. Texas also successfully demonstrated that the PWFA would inflict financial injury on Texas in the form of increased costs associated with updating training policies, responding to new lawsuits, and providing accommodations. The U.S. Equal Employment Opportunity Commission (EEOC) is barred from enforcing the law against the state of Texas.
The federal Pregnant Workers Fairness Act (Act) will become effective June 27, 2023 and expands the workplace protections for workers who have limitations due to pregnancy, childbirth, or related medical conditions. Specifically, covered employers are now required to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would pose an “undue hardship.”
Who is a covered employer?
Covered employers include private and public sector employers with at least 15 workers, as well as Congress, federal agencies, employment agencies, and labor organizations.
What is an undue hardship?
An accommodation poses an “undue hardship” if it would pose significant difficulty or expense for the employer, taking into consideration the particular characteristics of the employer, such as the size and structure of the company.
What are accommodations?
Accommodations are changes or modifications to workplace practices and to the work environment, which are designed to allow an affected worker to continue to perform their job functions.
What accommodations for pregnant workers may be reasonable?
The House Committee on Education and Labor Report on the Act provides the following examples of reasonable accommodations:
What other protections does the Act provide?
In addition to requiring reasonable accommodations, the Act forbids employers from:
How does the Act overlap and impact other laws?
The Act exclusively provides for reasonable accommodations. Significantly, covered employers must provide these reasonable accommodations to affected workers irrespective of whether the worker’s condition meets the definition of a disability under the Americans with Disabilities Act (“ADA”). Pregnant workers will still have other protections through existing laws—like the ADA (which protects workers from discrimination based on disability, which some pregnancy-related conditions may qualify as), Title VII (which protects workers from discrimination based on pregnancy, childbirth, or related medical conditions), the Family and Medical Leave Act (which provides eligible workers with unpaid, job-protected leave for certain reasons), and the Providing Urgent Maternal Protections for Nursing Mothers Act (which broadens protections for expressing breast milk at work). The Act does not replace these – or state and local laws – that provide greater protections to pregnant workers.
Employer Takeaways
Employers should update their accommodation policies and practices to ensure compliance with Act, as well as train their Human Resource personnel and managers on the requirements of the Act. Need help? We’re here for you.
*Special thanks to Brooke Palma, our Office Administrator, for her contributions to this article.
This newsletter is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
