Pregnant Workers Fairness Act: New Protections for Women Workers in New York City

 The Pregnant Workers Fairness Act (PWFA), adopted by the US Congress on December 27, 2022, and effective since June 27, 2023, provides essential workplace accommodations for employees affected by pregnancy, childbirth, or related medical conditions. The Equal Employment Opportunity Commission (EEOC) finalized regulations on April 15, 2024, which went into effect on June 18, 2024. These regulations reinforce the need for employers to accommodate pregnant workers.

Pregnant Workers Fairness Act

Key Changes Under PWFA

Previously, pregnancy and childbirth did not necessitate workplace accommodations unless complications met the Americans with Disabilities Act (ADA) criteria. The PWFA now mandates that employers provide reasonable accommodations for any limitations due to pregnancy or childbirth, irrespective of ADA-defined disabilities.

Examples of Reasonable Accommodations

• Breaks: Frequent or longer breaks to manage symptoms.
• Seating: Provision of a chair for jobs requiring long periods of standing.
• Schedule Changes: Adjusting work hours to accommodate medical appointments.
• Remote Work: Allowing work from home if the job does not require physical presence.

Who is Protected?

The PWFA protects qualified employees with known limitations related to pregnancy, childbirth, or related medical conditions. A qualified employee can perform essential job functions with or without reasonable accommodation.

Essential Functions

Essential functions are fundamental duties of a job. For example, a bus driver must be able to drive, whereas an administrative assistant might not need to perform physical tasks like reloading printers.

How to Request Accommodations

Employees should inform their employer about any limitations and request accommodations, referencing PWFA and ADA if necessary. It’s advisable to keep written records of these requests.

The Interactive Process

Employers must engage in an interactive process with the employee to determine suitable accommodations. This includes discussing limitations and possible adjustments.

Employer Documentation Requests

Employers can request documentation from a healthcare provider but must be reasonable and limit requests to necessary information.

Steps to Take if Rights Are Denied

Employees can contact an employment attorney or file a Charge of Discrimination with the EEOC if they believe their rights under PWFA have been violated. More information is available at the EEOC website.

Potential Remedies

If an employer is found in violation of PWFA, the court can order reinstatement, back pay, and other remedies.

Additional Protections

State and local laws may offer additional protections. The PWFA does not override more protective state or local regulations. For more information on local laws, visit the Department of Labor website.

Conclusion

The Pregnant Workers Fairness Act marks a significant step in protecting the rights of pregnant workers, ensuring they receive necessary accommodations to continue performing their job functions safely and effectively.

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