Pregnant Workers Fairness Act – New Protections for Women Workers in Ohio

 The Pregnant Workers Fairness Act (PWFA) became law on June 27, 2023, offering enhanced protections for workers facing limitations related to pregnancy, childbirth, or related medical conditions. With final regulations issued by the EEOC set to go into effect on June 18, 2024, workers and employers alike should be aware of the rights and responsibilities under this law.

What Does the PWFA Do?

Under the PWFA, employers are now required to provide reasonable accommodations for workers dealing with pregnancy-related conditions, such as fatigue or toxicosis. This is a significant shift from previous protections under the Americans with Disabilities Act (ADA), which only provided accommodations for pregnancy complications or disabilities.

Who Is Protected?

The PWFA applies to all qualified employees, including job applicants, working for covered employers—those with 15 or more employees. Even if a worker cannot perform an essential function of their role temporarily, they may still be entitled to accommodations, as long as those limitations are pregnancy-related and temporary.

What Are Essential Functions?

Essential job functions are core duties that are fundamental to a job. For example, operating a bus may be essential for a bus driver, while reloading printers may be a marginal task for an administrative assistant. Accommodations must allow the worker to perform essential functions, but marginal tasks can often be adjusted.

Requesting Accommodations

To request an accommodation, employees must inform their employer of their limitations and the necessary adjustments. Employers are then required to engage in an "interactive process" to determine the best accommodations, such as modified work schedules, breaks, or even remote work when applicable.

What Should You Do if Your Rights Are Violated?

If you believe your rights under the PWFA have been violated, you should contact an employment attorney to discuss your options. You may also file a Charge of Discrimination with the EEOC.

Additional Protections

State or local laws may provide even stronger protections than the PWFA. Workers should check their local laws to ensure they understand their full rights.

For more information, visit the EEOC website here or the Department of Labor here.

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