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Understanding The Pregnant Worker’s Fairness Act 

On Behalf of | Jul 31, 2024 | EMPLOYMENT LAW (EMPLOYEE) - Workplace Discrimination

The Equal Employment Opportunity Commission (EEOC) approved and put into effect the Pregnant Worker’s Fairness Act (PWFA) final regulation on June 18, 2024, following its initial implementation on June 27, 2023. Fair and reasonable accommodations for pregnant employees are required from employers who are subject to this legislation. 

The PWFA along with the EEOC requires employers to accommodate the limitations of their employees that are a result of pregnancy, childbirth or other related medical conditions unless doing so would cause unnecessary difficulties for the employers.\

What does this mean for employers?

Employers in the public and private sectors with fifteen or more employees are covered by the PWFA. It also extends to labor unions, employment agencies and Congress and Federal agencies. Under the FWPA:

  • Employers are not allowed to demand that an employee take unpaid or paid absence where there is an acceptable accommodation available.
  • A worker’s request for a reasonable accommodation does not give an employer the right to deny them a job or promotion.
  • Employers are not allowed to make their staff accept accommodations that were not agreed upon together.
  • Employees requesting or using a reasonable accommodation are protected from employer retaliation.

Some examples of reasonable accommodations for pregnant employees that an employer can make include:

  • Allowing frequent breaks for food or drink
  • Accommodating doctor appointments
  • Eliminating heavy lifting requests or any strenuous activity
  • Eliminating exposure to any harmful chemicals
  • Changing the employee’s work schedule to accommodate morning sickness or postpartum depression

The PWFA also provides time off for recovery after childbirth. Additionally, it may encompass postpartum accommodations, such as the ability to work from home while recovering from birth, miscarriage or postpartum depression. 

If you are an employee who is pregnant and these accommodations are not being provided for you at work, consider seeking assistance from someone who can help you address the issue with your employer.

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