Pregnant Workers Fairness Act: New Protections for NYC Women Workers
The Pregnant Workers Fairness Act (PWFA) introduces significant protections for pregnant workers, ensuring they receive reasonable workplace accommodations. Passed by Congress on December 27, 2022, and effective as of June 27, 2023, this law strengthens the rights of women facing limitations related to pregnancy, childbirth, or associated medical conditions. With the final regulation issued by the EEOC taking effect on June 18, 2024, workers now have clearer guidelines for receiving the support they need.
What Has Changed for Pregnant Workers?
Previously, employees experiencing pregnancy-related limitations could only seek accommodations if they qualified under the Americans with Disabilities Act (ADA). Now, the PWFA extends the right to reasonable accommodations for all workers with limitations from pregnancy, even if those limitations aren’t classified as disabilities.
For instance, if you experience common pregnancy symptoms like fatigue or morning sickness, your employer must provide accommodations to help you continue performing your job.
Understanding the PWFA: Key Provisions
The PWFA requires covered employers to provide reasonable accommodations to qualified workers dealing with pregnancy, childbirth, or related medical conditions. This law focuses on accommodations but complements other laws like Title VII of the Civil Rights Act and the ADA, which prohibit discrimination based on pregnancy.
Who is Protected Under the PWFA?
The PWFA covers workers with known limitations related to pregnancy or childbirth. To qualify, you must be able to perform the essential functions of your job, with or without accommodation. Temporary inability to perform essential functions is also considered, as most pregnancy-related limitations are short-term and manageable.
What are Essential Functions?
Essential functions are the core duties of your job. For example, if you’re a bus driver, operating the vehicle is an essential function. However, more marginal tasks — like stocking printers as an administrative assistant — may be subject to accommodation requests. Accommodations could range from modified schedules to remote work, depending on your role.
Requesting Accommodations Under the PWFA
If you need accommodations, you should notify your employer and specify your pregnancy-related limitations. The PWFA encourages the use of the “interactive process,” where employers and employees discuss potential accommodations. Employers may request limited medical documentation but cannot require an independent medical examination.
What If Your Employer Denies Your Rights?
If your employer denies your request for accommodation or retaliates against you, you can file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC). In some cases, you may also be entitled to pursue legal action. Consulting with an employment law attorney can help you explore your options, including securing a severance package or negotiating better terms with your employer.
State and Local Laws May Offer Additional Protections
In addition to the PWFA, state and local laws in places like New York City may offer even greater protections for pregnant workers. It’s important to understand both federal and local laws to fully exercise your rights.
Conclusion: Know Your Rights Under the PWFA
The Pregnant Workers Fairness Act marks a new era in protecting women in the workforce. By understanding your rights and working with your employer, you can ensure that you receive the accommodations necessary to continue your job while managing your pregnancy.
For more information on how to file an EEOC charge, visit: https://www.eeoc.gov/how-file-charge-employment-discrimination.
If you believe your rights have been violated, contact Mansell Law for expert legal guidance.
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