The long-overdue federal Pregnant Workers Fairness Act (PWFA), enacted in June 2023, requires employers to provide reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer. These requirements are similar to the Americans with Disabilities Act and New York’s own Human Rights Law but go further and are more specific, an important distinction. The PWFA also prohibits employers from requiring employees to accept an accommodation they do not want, denying employment opportunities based on the need to make accommodations, or taking adverse action against employees for requesting or using accommodations. Remedies for violations of the PWFA include damages, costs, and fees. Under the ADA, an employee can be required to accept an accommodation that he or she doesn’t want as long as it is objectively reasonable to allow the disabled worker to perform their job functions.
The United States Equal Employment Opportunity Commission has interpreted the PWFA to augment existing laws that were not adequate to ensure that pregnant workers received the accommodations they needed.
What the PWFA requires of employers:
The PWFA requires employers to make reasonable accommodations for employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer. The Act defines “known limitation” broadly, to include any physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee has communicated to the employer. The Act also defines “reasonable accommodation” broadly, to include a wide range of potential accommodations, such as job restructuring, modified work schedules, and temporary suspension of essential job functions.
And…what does the PWFA prohibit?
The PWFA prohibits employers from requiring employees to accept an accommodation they do not want, denying employment opportunities based on the need to make accommodations, or taking adverse action against employees for requesting or using accommodations. Like the ADA, Title VII and the New York State Human Rights Law, the PWFA also prohibits retaliation against employees for opposing unlawful discrimination. The PWFA provides for a variety of remedies for violations, including damages, costs, and fees. However, the Act also contains a limitation on damages: if the employer demonstrates good faith efforts to identify and make a reasonable accommodation, damages may not be awarded.
Pregnant and feel you’ve been discriminated against?
If you feel you have been the victim of discrimination based on pregnancy, please call our office for assistance.
