A new federal law, the Pregnant Workers Fairness Act (PWFA), goes in effect on June 27, 2023. The PWFA requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the employer can show the accommodation will cause an “undue hardship” on the employer’s operations. Covered employers include private and public sector employers with 15 or more employees, Congress, Federal agencies, employment agencies, and labor organizations.

PWFA has directed the Equal Employment Opportunity Commission (EEOC) to issue regulations to carry out its provisions, including examples of reasonable accommodations within one year of enactment. As we wait for the final regulations, the EEOC has put together an Infographic that lists examples of possible reasonable accommodations.

The PWFA prohibits covered employers from conduct such as:

• Requiring an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer;
• Denying a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation;
• Requiring an employee to take leave if another reasonable accommodation can be provided that would allow the employee to continue working;
• Retaliating against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in an PWFA proceeding (such as an investigation); or
• Interfering with any individual’s rights under the PWFA.

Next Steps for Employers

• Review and revise your reasonable accommodations policies to include reasonable accommodations for workers who have known limitations related to pregnancy, childbirth, or related medical conditions.
• Consider applicable state/local accommodation laws that may have stronger protections than PWFA.
• Train managers to recognize situations in which PWFA may require a discussion with an employee regarding their need for a reasonable accommodation. Consider what reasonable accommodations may be available in your specific workplace for covered conditions.
• Be alert for proposed regulations issued by the EEOC that will clarify the law and provide more specific examples of reasonable accommodations and the accommodation process.

Please contact Director of HR Advisory Services Laura Stover with any questions.