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

The US Congress adopted the Pregnant Workers Fairness Act (PWFA) on December 27, 2022, and the Act went into force on June 27, 2023. On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a final regulation to carry out the law, which goes into effect on June 18, 2024. The PWFA is designed to guarantee workplace accommodations for workers with limitations related to pregnancy, childbirth, or a related medical condition.

Pregnant Workers Fairness Act

What Has Changed?

Previously, pregnancy and childbirth were not considered reasons for accommodating associated limitations. Employees were entitled to protection under the Americans with Disabilities Act (ADA) only in cases where the worker experienced pregnancy complications and other disabilities. The PWFA prescribes that employers must accommodate limitations caused by pregnancy and childbirth, regardless of whether they are disabilities as defined by the ADA.

This means that if you are suffering from a common pregnancy condition, such as toxicosis or fatigue, your employer must work with you to provide an accommodation to enable you to perform the essential functions of your job while managing your symptoms.

What is PWFA About?

PWFA requires covered employers to reasonably accommodate qualified employees’ limitations related to pregnancy, childbirth, or related medical conditions. The law applies only to accommodations. Other laws, such as Title VII of the Civil Rights Act and the ADA, prohibit firing, discriminating against, and retaliating against workers because they are pregnant or for asserting their rights.

PWFA also prohibits employers from denying employment opportunities if such denial is based on the need to make reasonable accommodations for a worker’s pregnancy. It is also unlawful to require a pregnant worker to take leave, whether paid or unpaid, if another reasonable accommodation can be provided.

Who is Protected Under PWFA?

The law protects qualified employees who have known limitations related to pregnancy, childbirth, or related medical conditions. A qualified employee is an employee who, with or without reasonable accommodation, can perform the essential functions of her position. The law covers applicants as well. Under the PWFA, a worker shall still be considered qualified if:

1. The employee’s inability to perform an essential function is for a temporary period.
2. The essential function could be performed in the near future.
3. The inability to perform the essential function can be reasonably accommodated.

What Are Essential Functions?

Essential functions are the fundamental duties of the job. For example, if you are a bus driver, you must be able to operate a bus. However, this issue is often more complicated and requires an in-depth, fact-specific analysis. For instance, if you are an administrative assistant, one of your job duties might be reloading printers with paper. If pregnancy makes it difficult for you to bend, you may be able to request an accommodation to be temporarily exempt from performing this job duty.

What Are Known Limitations?

Known limitations are physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or the employee’s representative has communicated to an employer, whether or not such condition meets the definition of disability.

Who is a Covered Employer?

Covered employers are private and public sector employers with 15 or more employees, Congress, federal agencies, employment agencies, and labor organizations.

What is a Reasonable Accommodation?

A reasonable accommodation is a change in the work environment or a change in the way your job is typically completed. An accommodation request is not reasonable if it causes an employer an undue burden. Examples of reasonable accommodations include breaks, sitting, schedule changes, remote work, parking, light duty, and access to restrooms and other facilities.

How Do I Request Accommodation?

You should inform your employer that you have a limitation associated with pregnancy, childbirth, or a related condition, and that you need a modification to your working conditions. While it is not necessary, it is recommended that you refer to PWFA and/or ADA when making your request. Keep a written copy of your request for your records.

What is the Interactive Process?

After you request an accommodation, an employer must engage in the interactive process. The employer must communicate with you about the limitations and what adjustments or changes are needed at work. The employer might violate your PWFA rights if the company does not engage in discussion, says that it cannot accommodate you without clear explanation, or answers with significant delays.

Can the Employer Request Documentation?

An employer may seek information from your healthcare provider under limited circumstances. The request must be reasonable and limited to confirmation of the condition, confirmation that the condition is related to pregnancy or childbirth, and a description of the necessary accommodation.

What Should I Do if My Employer Denies My PWFA Rights?

If you believe that your employer violates your PWFA rights, you should contact an employment attorney to discuss your options. Your recourse can include filing a Charge of Discrimination with the Equal Employment Opportunity Commission. You also may have the right to file a lawsuit.

What Remedies Are Available for Violation of PWFA Rights?

If the employer discriminated against you, the court may enjoin the employer from engaging in such unlawful practices and order reinstatement, back pay, and other relief.

Am I Also Protected Under State or Local Law?

Your state, city, or local laws may provide additional or higher protections than those provided by PWFA. PWFA does not replace the more protective laws. You can check the regulations in your state through this link.

Conclusion

The Pregnant Workers Fairness Act represents a significant step forward in protecting the rights of pregnant workers. If you believe your rights under PWFA are being violated, consulting with a New York City employment lawyer can help you navigate your options and secure the accommodations you need.

#PregnantWorkersFairnessAct #PWFA #EmploymentLaw #NYCEmploymentLawyer #PregnancyRights