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

 Understanding the Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) was adopted by the US Congress on December 27, 2022, and went into effect on June 27, 2023. On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued final regulations to implement the PWFA, effective June 18, 2024. The PWFA ensures that workers with limitations related to pregnancy, childbirth, or related medical conditions receive reasonable workplace accommodations.

What Has Changed?

Before the PWFA, pregnancy and childbirth were not automatically considered reasons for workplace accommodations. Under the Americans with Disabilities Act (ADA), only complications or disabilities related to pregnancy qualified for accommodations. Now, the PWFA mandates that employers provide reasonable accommodations for limitations caused by pregnancy or childbirth, regardless of whether they qualify as disabilities under the ADA.

This change means that if you experience a common pregnancy condition like toxicosis or fatigue, your employer must provide reasonable accommodations to help you manage your symptoms while performing your job duties.

Key Provisions of the PWFA

The PWFA requires covered employers to provide reasonable accommodations to qualified employees for limitations related to pregnancy, childbirth, or related medical conditions. Here are some important aspects to note:

1. Scope of the Law: The PWFA focuses solely on accommodations. Other laws, like Title VII of the Civil Rights Act and the ADA, protect against discrimination, retaliation, and wrongful termination due to pregnancy.
2. Prohibition of Leave as Accommodation: Employers cannot require a pregnant employee to take leave if another reasonable accommodation is possible.
3. Employment Opportunities: Employers cannot deny employment opportunities based on the need to provide reasonable accommodations for pregnancy-related conditions.

Who is Protected?

The PWFA protects “qualified employees” who have known limitations due to pregnancy, childbirth, or related medical conditions. A qualified employee can perform essential job functions with or without reasonable accommodation. The law also covers job applicants.

If you cannot perform an essential job function temporarily, you are still considered qualified if:

• Your inability to perform is temporary.
• You can perform the function in the near future.
• Reasonable accommodation can address your inability.

Understanding Essential Job Functions

Essential job functions are fundamental duties required for a specific job. For example, a bus driver must be able to drive a bus. However, if a duty, like reloading a printer for an administrative assistant, is marginal, an accommodation might be made if pregnancy affects your ability to perform it.

What Are Known Limitations?

Known limitations are physical or mental conditions related to pregnancy, childbirth, or related medical conditions communicated to an employer by the employee or their representative. Employers must provide reasonable accommodations once they are aware of these limitations.

Who is a Covered Employer?

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

What Constitutes a Reasonable Accommodation?

A reasonable accommodation is a change in the work environment or the way a job is typically done. It is not considered reasonable if it imposes an undue burden on the employer. Examples include breaks, modified schedules, remote work, light duty, and adjusting equipment or policies.

Employers must engage in an interactive process to determine appropriate accommodations and cannot impose accommodations without employee consent.

How to Request an Accommodation

To request an accommodation, inform your employer of your limitations related to pregnancy, childbirth, or a related condition. It’s advisable to reference the PWFA and ADA in your request and keep a written record of it. This could involve sending a follow-up email or text message after a verbal request.

The Interactive Process

After a request, employers must engage in an interactive process to discuss limitations and potential accommodations. Failure to do so, or to respond promptly, may violate your PWFA rights.

Can Employers Request Documentation?

Employers may request documentation from your healthcare provider under certain circumstances, but it must be reasonable. Employers cannot demand documentation if the need for accommodation is obvious or known. Any requested documentation should confirm the condition and the need for accommodation.

What If Your Employer Denies Your PWFA Rights?

If you believe your employer has violated your PWFA rights, consider consulting an employment attorney. You can file a Charge of Discrimination with the EEOC or pursue legal action.

For more information on filing an EEOC charge, visit: How to File a Charge of Employment Discrimination.

Additional Protections

State, city, or local laws may offer more extensive protections than the PWFA. Check local regulations to ensure you receive the maximum protection available.

For more information on state-specific regulations, visit: State Pregnancy Accommodation Laws.

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