The Federal Government recently passed the Pregnant Workers Fairness Act (PWFA), which significantly strengthens protections for pregnant workers and enhances the process for addressing discrimination claims related to pregnancy and related medical conditions in several ways including:
- Clear Prohibitions: The PWFA explicitly prohibits discrimination against pregnant employees, including adverse actions, denial of employment opportunities, and coercion. This clarity empowers pregnant workers to assert their rights without fear of retaliation.
- Mandatory Reasonable Accommodations: Covered entities are required to make reasonable accommodations for pregnant employees unless it causes undue hardship. This ensures that pregnant workers can continue working without facing unnecessary barriers due to their pregnancy or related medical conditions.
- Interactive Process Requirement: The Act mandates an interactive process between employers and employees to determine appropriate accommodations. This process promotes transparency and collaboration, ensuring that accommodations are tailored to meet the specific needs of pregnant workers.
- Expansive Definitions: The PWFA provides comprehensive definitions of terms such as "known limitation" and "related medical conditions," broadening the scope of protections for pregnant workers. This clarity reduces ambiguity and strengthens the basis for discrimination claims.
- Limits on Supporting Documentation: The Act imposes limits on the type of supporting documentation employers can request from pregnant employees seeking accommodations. This prevents employers from creating unnecessary barriers or burdens for pregnant workers seeking to exercise their rights.
Additionally, under the PWFA, delays in providing accommodations may lead to violations and failure-to-accommodate lawsuits. Employers are obliged to provide accommodations unless the pregnancy prevents an essential job function.
Covered Entities cannot force leave if other accommodations are feasible, and it bars adverse action against employees for requesting or using reasonable accommodations.
Finally, the PWFA outlines remedies and enforcement procedures, including provisions for damages, costs, and attorneys' fees. Notably, it prohibits retaliation or coercion against employees exercising their rights under the PWFA. These regulations enhance protections for discrimination claims related to pregnancy, childbirth, or related medical conditions in the workplace.
The PWFA will go into effect on June 18, 2024. If you'd like to learn more about the PWFA, click here.
