To the extent you have not already adjusted your workplace policies for the new law protecting pregnant workers, now is the time to do so. The Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, provides additional protections to pregnant employees in the workplace. The PWFA applies to private employers with 15 or more employees and prohibits any employment practice that, either directly or indirectly, discriminates against qualified employees who are affected by pregnancy, childbirth, or related medical conditions by failing to provide reasonable accommodations, unless the accommodation would create an undue hardship on the operation of the business. We suggest that you take some time to review your accommodation and equal employment opportunity policies and your employment-related posters to ensure that this change is covered.

Similar to the definition of a qualified individual with a disability under the Americans with Disabilities Act (ADA), a “qualified employee” under the PWFA is an employee or prospective employee who can perform the essential functions of the position with or without reasonable accommodation. The PWFA’s protections extend beyond those provided by the ADA, however, by requiring that employers reasonably accommodate employees with a “known limitation” related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions even if the employee’s condition does not meet the ADA’s definition of “disability.” 

Furthermore, the PWFA prohibits employers from: 

1. Requiring a qualified employee to accept an accommodation that differs from the reasonable accommodation arrived at through the interactive process between the employer and employee;
2. Denying employment opportunities because of the need for such reasonable accommodations;
3. Requiring qualified employees to take paid or unpaid leave if another reasonable accommodation is available; and
4. Taking adverse action against the qualified employee (such as altering the terms and/or conditions of their employment, demotion, or termination), because of the qualified employee’s reasonable accommodation.

The Equal Employment Opportunity Commission has stated in a press release that it began accepting charges of discrimination under the PWFA for incidents occurring on or after June 27, 2023. In addition, the EEOC recently modified its “Know Your Rights” Poster (which replaced the former Equal Employment Opportunity is the Law poster in October 2022) to reflect this change. The new poster can be found here. If you purchased a combined poster that has not yet been updated, you should post the updated poster next to the combined poster until you receive your update.

If you have questions about these changes, or need assistance with your policies or training, please contact Tami Earnhart, or any other attorney in our Workplace Solutions Group with whom you already work.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.