The Pregnant Workers Fairness Act (PWFA) is a new federal law, going into effect in June 2023, that requires covered employers to make “reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical condition of a qualified employee”. This is a groundbreaking piece of legislation which had significant support on both sides of the aisle. Unless the covered employer can demonstrate undue hardship, they will be required to accommodate a pregnant employee, whether it be for something relatively minor and normal like morning sickness or a more serious complication such as gestational diabetes. Employees can also demand an accommodation to avoid potential dangers that may harm their pregnancy. This way pregnant employees may stay in the workforce and keep actively earning until their maternity leave. (And maternity leave itself can be a required accommodation under the act, even if the employee is not eligible for FMLA leave.)

An important aspect of the law is the flexibility in the accommodations an employee can request. This wide range of potential accommodations can benefit the employer as well as the employee in that the former can still get the benefit of a productive workforce while the latter can feel safe continuing to work during a pregnancy. Common accommodations include the ability to take more frequent bathroom or rest breaks, sitting rather than standing, carrying a water bottle while working, reduced lifting and bending, and adjusted schedules. 

If you are a pregnant employee or plan to be sometime in the future, just know that the process that the PWFA creates is very easy to navigate. Simply communicate to your employer explaining your need for an accommodation – you do not have to request a specific one, but you can – and that employer will have a legal obligation to make said accommodation on your behalf. If an accommodation request appears to be unreasonable or impossible, the employer must interact with you to try and come up with an alternative. That solution should come at a reasonable time, as the employer has an obligation to find one sooner than later or risk opening themselves up to potential claims.

This is just a brief explanation of this far reaching and important tool for pregnant employees. It does not limit greater protections afforded by your local or state laws, and it works in tandem with already established protections under the Americans with Disabilities Act, the Pregnancy Discrimination Act, and other laws. The important thing is to request an accommodation if you need one and always remember to reach out to us if you feel you may have a claim.

For more information on this statute and other workplace protections, visit the U.S. Equal Employment Opportunity Commission website at eeoc.gov.