The Pregnant Workers Fairness Act (PWFA) is a relatively new federal law that went into effect on June 27, 2023. This law expands workplace protections for pregnant employees and job applicants. Employers must understand what this law requires to avoid legal and financial risks.
Who Is Covered Under the PWFA?
The PWFA applies to public and private employers with 15 or more employees. If your organization falls into this category, you are considered a “covered employer” under the law.
While the PWFA is modeled after the Americans with Disabilities Act (ADA), it is essential to note that pregnancy is not considered a disability. Instead, it is classified as a temporary medical condition. That distinction is why the PWFA exists separately, to provide additional protections tailored specifically to pregnancy, childbirth, and related medical conditions.
What Protections Does the PWFA Provide?
The PWFA protects employees and job applicants with known limitations related to:
- Pregnancy
- Childbirth
- Related medical conditions
Covered employers must now provide reasonable accommodations for these individuals, provided doing so does not create an undue hardship for the business.
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What Is Reasonable Accommodation?
Reasonable accommodations can vary widely depending on:
- The employee’s medical condition and restrictions
- The nature of the employee’s job duties
- The type of business
- Whether the accommodation would cause undue hardship
Examples may include modified work schedules, temporary reassignment of specific tasks, or adjustments to physical workspaces.
The Interactive Process Requirement
One of the most critical aspects of the PWFA is the requirement for employers to engage in an interactive process with employees who request accommodations.
This means:
- Employers cannot impose an accommodation without first discussing it.
- Employers should request documentation of medical limitations when needed.
- All discussions and proposed accommodations should be documented in writing.
- By working together, both the employer and employee can determine whether the requested accommodation is feasible and reasonable.
Protections Against Retaliation
Employers must also ensure that employees who request accommodations are protected from retaliation or adverse action. Failing to do so could result in significant liability.
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Why Compliance Matters
Ignoring or mishandling a request under the PWFA can have costly consequences. A successful claim under the law can result in an employer being required to pay:
- Lost wages
- Compensatory damages (such as for emotional distress)
- Punitive damages (in some instances)
- The opposing party’s attorney’s fees
On the other hand, engaging in the interactive process early and in good faith can help prevent lawsuits, protect employees, and ultimately save employers significant expense and reputational harm.
Bottom Line for Employers
The PWFA is not optional; compliance is mandatory for all covered employers. If an employee or job applicant raises a limitation related to pregnancy, childbirth, or related medical conditions, employers should:
- Begin the interactive process promptly.
- Document all communications and proposed accommodations.
- Protect employees from retaliation.
- Seek legal guidance when in doubt.
By taking these steps, employers can protect their businesses, foster a supportive workplace, and avoid costly litigation.
At Richards Rodriguez & Skeith, we assist employers in all employee-related contracts and compliance efforts. Our employment attorneys are dedicated to protecting your interests. Contact us today to schedule a consultation.
