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

The Pregnant Workers Fairness Act (PWFA), adopted by the U.S. Congress on December 27, 2022, and effective as of June 27, 2023, marks a significant shift in workplace rights for pregnant workers. With final regulations issued by the Equal Employment Opportunity Commission (EEOC) set to take effect on June 18, 2024, the PWFA guarantees workplace accommodations for employees facing limitations due to pregnancy, childbirth, or related medical conditions.

What Has Changed?

Prior to the PWFA, workers only received protections under the Americans with Disabilities Act (ADA) if their pregnancy resulted in complications that could be classified as disabilities. The PWFA expands these protections, requiring employers to accommodate pregnancy-related limitations, regardless of whether they meet the ADA’s definition of a disability. This means that common pregnancy conditions, such as morning sickness or fatigue, must be accommodated by employers to allow workers to continue performing their essential job functions.

Understanding the PWFA

The PWFA mandates that covered employers provide reasonable accommodations to employees experiencing limitations due to pregnancy, childbirth, or related conditions. Importantly, the PWFA focuses solely on accommodations, leaving anti-discrimination protections under Title VII of the Civil Rights Act and the ADA intact. This means employers cannot terminate or retaliate against workers for being pregnant or for asserting their rights under these laws.

Under the PWFA, employers are also prohibited from denying employment opportunities based on the need for reasonable accommodations or forcing pregnant workers to take leave if another reasonable accommodation is possible.

Who is Protected?

The PWFA protects “qualified employees” — those who can perform the essential functions of their jobs with or without reasonable accommodations. The law also applies to job applicants, ensuring that pregnancy-related limitations do not hinder employment opportunities.

A key provision of the PWFA is that employees with temporary limitations due to pregnancy may still be considered qualified if they can perform essential job functions in the near future or if reasonable accommodations can enable them to do so.

What are Essential Functions?

Essential functions refer to the fundamental duties of a job, without which the role cannot be performed. For instance, a bus driver must be able to operate a bus. However, in roles where certain tasks are not core to the position, accommodations may be possible. For example, an administrative assistant who struggles with bending due to pregnancy might be excused from reloading printers temporarily.

In today’s work environment, remote or hybrid work arrangements have become common accommodations. For pregnant workers whose roles do not require physical presence, such as accountants, remote work may be a viable option. However, positions requiring on-site duties, like nursing, may not allow for this flexibility.

What are Known Limitations?

Known limitations include physical or mental conditions related to pregnancy, childbirth, or related medical conditions that have been communicated to the employer by the employee or their representative. Employers are obligated to provide accommodations once they are aware of these limitations.

Who is a Covered Employer?

The PWFA applies to private and public sector employers with 15 or more employees, as well as Congress, federal agencies, employment agencies, and labor organizations.

What is a Reasonable Accommodation?

A reasonable accommodation involves changes to the work environment or job processes that allow an employee to continue performing their job duties. Common examples include modified work schedules, remote work options, additional breaks, or temporary adjustments to job responsibilities. However, an accommodation must not impose an undue burden on the employer.

The PWFA also ensures that employees are not forced to accept accommodations they do not agree with, underscoring the importance of the interactive process.

Requesting Accommodation and the Interactive Process

To request an accommodation, employees should inform their employer of their limitations related to pregnancy, childbirth, or a related condition. While not required, referencing the PWFA or ADA in the request and keeping a written record is advisable.

The employer is then required to engage in the interactive process — an ongoing dialogue with the employee to determine appropriate accommodations. Failure to engage in this process may constitute a violation of the employee’s rights under the PWFA.

Employer Requests for Documentation

Employers may request documentation from a healthcare provider under certain conditions, but this request must be reasonable and relevant to the accommodation sought. The employer cannot require an employee to undergo a medical examination by a healthcare provider of the employer’s choosing.

What to Do if Your Rights Are Violated

If you believe your employer is violating your PWFA rights, it’s crucial to seek legal advice. You may file a Charge of Discrimination with the EEOC or pursue other legal remedies. Employment law attorneys can assist in negotiating accommodations, severance packages, or exploring other legal options if you have been wrongfully terminated.

Additional Protections Under State and Local Law

In addition to the PWFA, state and local laws may offer greater protections. It’s important to familiarize yourself with the regulations in your area to ensure comprehensive protection of your rights.

For more detailed information on the PWFA and related rights, visit the EEOC’s official website.

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