The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, but we still don’t know the rules
The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, but we still don’t know the rules
July 14, 2023
Illustration by Dall-E (openai.com) with prompt “impressionist painting of a pregnant woman”
The PWFA, signed into law as part of the Consolidated Budget Act in December, 2022, requires employers to make “reasonable accommodations” for pregnancy, childbirth, and related conditions as long as they do not cause “undue hardship” for the business. This law went into effect in late June. While the Equal Opportunity Commission has published an FAQ, they have offered no timeline for the publication of draft and final regulations. The PWFA applies to employers with 15 or more employees, and does not replace existing anti-discrimination laws (including the Civil Rights Act or the Americans with Disabilities Act and stricter state regulations.) Here’s a link to a report on this from KFF Health News.
Accommodations noted by the US House Committee on Education and Labor included:
[T]he ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.
Implications for employers:
Employees can file complaints for alleged violations of the PWFA for accommodations requested but not offered beginning on June 27, 2023.
Full regulations to implement the PWFA are likely to take months to complete.
Establish processes for employees to request an accommodation due to pregnancy-related limitations
Train managers to accurately respond to employee questions around policies and practices
Evaluate existing family building and wellbeing benefits and programs