The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023. It expands protections to ensure that workers experiencing pregnancy, childbirth, or related medical conditions have the right to reasonable accommodations in the workplace. The law was signed by President Joe Biden last year, and the US Equal Employment Opportunity Commission (EEOC) have announced that they will now begin accepting charges of discrimination under this new statute for incidents that occurred on or after June 27, 2023. The EEOC is the federal agency designated by Congress with implementing and enforcing the PWFA.
The PWFA requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth new additional educational resources, including tips for workers to request accommodations, a “Know Your Rights” video series, and a revised “Know Your Rights” poster required to be posted in most workplaces. Previously released resources include a Q&A on “What You Should Know about the Pregnant Workers Fairness Act,” an infographic for employers, and an informational poster about the PWFA for healthcare providers’ offices.
The Pregnant Workers Fairness Act can be accessed here.
Compliance Perspective
Issue
The Pregnant Workers Fairness Act (PWFA) is a new law that requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. It protects both employees and applicants of covered employers. After June 27, 2023, the EEOC will analyze charges regarding accommodations for workers affected by pregnancy, childbirth, or related medical conditions under the PWFA (if the violation occurred after June 27, 2023) and, where applicable, under the ADA and/or Title VII.
Discussion Points
- Review the facility’s policies and procedures addressing discrimination and providing reasonable accommodations. Ensure that any state-specific laws are included. Update the policies if needed.
- Train human resources staff and facility leadership on PWFA requirements, including reasonable accommodations. Document that these trainings occurred and file each signed document in the employee’s individual education file.
- Periodically audit to ensure that reasonable accommodations are made for any employees or job applicants needing them. Additionally, ensure that staff are aware of how to report any concerns of discrimination they may observe or experience to their immediate supervisor or through the facility’s hotline.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
