Certain pregnant workers have the legal right to an accommodation under federal law–The Pregnant Workers Fairness Act (PWFA).
The Law
The PWFA is a new law (starting June 27, 2023) that requires covered employers (15 employees or more) to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.
Examples of Accommodations
The EEOC rules are still being developed. But one House Committee provided several examples of possible reasonable accommodations for pregnancy-related medical conditions, including the ability to sit or drink water; receiving closer parking; having flexible hours; receiving appropriately sized uniforms and safety apparel; receiving additional break time to use the bathroom, eat, and rest; taking leave or time off to recover from childbirth; and be excused from strenuous activities and activities that involve exposure to compounds not safe for pregnancy. Employers are required to provide reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations. An “undue hardship” is a significant difficulty or expense for the employer.
Miscellaneous Notes
GENERAL NOTE: There are related federal laws that may also protect pregnant workers (e.g., Title VII and the ADA, both of which are enforced by the EEOC. The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. More than 30 states and cities have laws that provide accommodations for pregnant workers.
Questions for an Attorney: If you have questions, you can write us: Contact – Frank J. Coughlin, Prof. Law Corp (fjclaw.com)
Questions for Self-Study: See the EEOC’s FAQ: What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission (eeoc.gov)