[US] Pregnant workers given additional protections under federal law

From June 27, 2023, US employers must offer additional protections to employees affected by pregnancy, childbirth, or a related medical condition under the Pregnant Workers Fairness Act (“PWFA”), a new federal law.  JD Supra breaks down what employers and employees need to know.

The PWFA requires employers with 15 or more employees to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless such accommodation will cause the employer an “undue hardship”; incurring significant difficulty or expense.

Examples of reasonable accommodations reportedly include:

• Providing seating and water;
• Providing closer parking;
• Providing flexible hours;
• Providing appropriately sized uniforms and safety apparel;
• Providing additional break time to use the bathroom, eat and rest;
• Providing leave or time off to recover from childbirth; and
• Excusing the worker from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.

In addition, JD Supra says employers should be aware that the PWFA prohibits the following actions:

• Requiring an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer;
• Denying a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation;
• Requiring an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;
• Retaliating against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation); or
• Interfering with any individual’s rights under the PWFA.

Employers must also bear in mind that more protective state laws - as well as Title VII, the Americans With Disabilities Act, the Family and Medical Leave Act, and the PUMP (Providing Urgent Maternal Protections for Nursing Mothers) Act - may also apply depending on the situation.

Employers should review and update their existing policies, train supervisors and managers on the requirements of the PWFA, and proactively address ways to provide required accommodations to covered workers, to ensure compliance with the PWFA. The EEOC is reportedly accepting charges of violations of the PWFA as of June 27, 2023, meaning immediate attention by employers is essential.

Employers are required to immediately post the “Know Your Rights: Workplace Discrimination is Illegal” poster, prepared by the EEOC. Failure to display the poster will incur a monetary penalty.  Guidance from the EEOC about the PWFA (and the required poster) can be found on the EEOC’s website.

Source: JD Supra

(Link via original reporting) 

From June 27, 2023, US employers must offer additional protections to employees affected by pregnancy, childbirth, or a related medical condition under the Pregnant Workers Fairness Act (“PWFA”), a new federal law.  JD Supra breaks down what employers and employees need to know.

The PWFA requires employers with 15 or more employees to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless such accommodation will cause the employer an “undue hardship”; incurring significant difficulty or expense.

Examples of reasonable accommodations reportedly include:

• Providing seating and water;
• Providing closer parking;
• Providing flexible hours;
• Providing appropriately sized uniforms and safety apparel;
• Providing additional break time to use the bathroom, eat and rest;
• Providing leave or time off to recover from childbirth; and
• Excusing the worker from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.

In addition, JD Supra says employers should be aware that the PWFA prohibits the following actions:

• Requiring an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer;
• Denying a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation;
• Requiring an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;
• Retaliating against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation); or
• Interfering with any individual’s rights under the PWFA.

Employers must also bear in mind that more protective state laws - as well as Title VII, the Americans With Disabilities Act, the Family and Medical Leave Act, and the PUMP (Providing Urgent Maternal Protections for Nursing Mothers) Act - may also apply depending on the situation.

Employers should review and update their existing policies, train supervisors and managers on the requirements of the PWFA, and proactively address ways to provide required accommodations to covered workers, to ensure compliance with the PWFA. The EEOC is reportedly accepting charges of violations of the PWFA as of June 27, 2023, meaning immediate attention by employers is essential.

Employers are required to immediately post the “Know Your Rights: Workplace Discrimination is Illegal” poster, prepared by the EEOC. Failure to display the poster will incur a monetary penalty.  Guidance from the EEOC about the PWFA (and the required poster) can be found on the EEOC’s website.

Source: JD Supra

(Link via original reporting)