Pregnant Workers Fairness Act: New Protections for Pregnant Workers in Ohio

 On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect, providing pregnant workers with essential protections in the workplace. The Equal Employment Opportunity Commission (EEOC) issued its final regulations on April 15, 2024, which will take effect on June 18, 2024. This federal law ensures that pregnant workers are entitled to reasonable accommodations related to pregnancy, childbirth, or associated medical conditions.

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What Has Changed?

Before the PWFA, employees could only seek accommodations for pregnancy-related complications that met the Americans with Disabilities Act (ADA) definition of disability. Now, workers can receive accommodations for pregnancy-related limitations, even if these conditions are not classified as disabilities.

For example, if you’re experiencing common pregnancy issues like fatigue or morning sickness, your employer must collaborate with you to provide reasonable adjustments that allow you to perform your job effectively.

Who Is Protected Under the PWFA?

The PWFA applies to “qualified employees,” including job applicants, who experience physical or mental limitations due to pregnancy or childbirth. If these limitations are temporary and can be reasonably accommodated, workers are entitled to protection.

Essential Job Functions

An employee is considered qualified if they can perform the essential functions of their role, with or without accommodations. Essential functions are core duties necessary to the job. For example, if a bus driver cannot operate a vehicle, they cannot be accommodated. However, for non-essential tasks, like reloading printers, an accommodation can be made if a worker cannot perform the task due to pregnancy-related conditions.

Reasonable Accommodations Under PWFA

A reasonable accommodation can be a change in your work environment or how you complete your tasks. Common accommodations include:

• Additional breaks
• Flexible scheduling
• Remote work
• Temporary light duty
• Access to facilities

Employers are required to engage in an “interactive process” to determine the best accommodation for the worker, provided it does not cause an undue hardship to the business.

How to Request Accommodations

If you need an accommodation, notify your employer of your limitations due to pregnancy, childbirth, or a related condition. You can communicate this to your supervisor, HR, or anyone in authority. It is helpful to make a written request and refer to the PWFA or ADA for clarity.

What If Your Employer Denies Your Rights?

If your employer denies your request or violates your PWFA rights, you can file a charge with the EEOC. It’s crucial to speak with an employment attorney to discuss your options and ensure your rights are protected.

State and Local Laws

Your state or local jurisdiction may offer additional protections beyond the PWFA. Be sure to check local regulations, as they may provide more robust protections for pregnant workers.

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