Pregnant Workers Fairness Act (PWFA): Employers Required to Provide Reasonable Accommodations to Pregnant Employees
On June 27, 2023, a new federal statute took effect, The Pregnant Workers Fairness Act (PWFA), which was signed by President Biden on December 29, 2022.?The PWFA requires covered employers to provide “reasonable accommodations” to an employee’s or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions (mental and/or physical), unless the accommodation will cause the employer an “undue hardship.”?
The PWFA largely tracks the structure and terminology of the Americans with Disabilities Act (ADA) but provides broader coverage – protecting all pregnancies regardless of other disabilities. The act applies to all employers, private and public, with at least fifteen employees, the federal government and agencies, employment agencies, and labor organizations. The PWFA adds to the protections available to pregnant employees under other federal laws like the ADA, the Pregnancy Discrimination Act of 1978 (PDA), the Family Medical Leave Act (FMLA), and Title VII of the Civil Rights Act of 1964 (Title VII).?It does not replace federal, state or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions.?
Like the ADA, the PWFA requires employees to provide notice to their employer and employers to communicate with employees about whether reasonable accommodations may be needed to do their job. ?The U.S. Equal Employment Opportunity Commission (EEOC) highlighted reasonable accommodations contemplated by the PWFA, including: additional water and food breaks, additional restroom breaks, closer parking, equipment and workstations better suited for pregnancy needs including the ability to sit, new uniform or safety equipment, light duty for manual labor, adjusted schedules or start times, accommodations for doctors’ appointments, and time to recover from childbirth or other related medical conditions requiring treatment.
Employers cannot require an employee to accept an accommodation without first discussing the accommodation with the employee through the interactive process. Employers cannot require covered employees to take leave, whether paid or unpaid, if another reasonable accommodation can be provided.?The PWFA prohibits employers from denying employment to qualified applicants or employees based on a need for reasonable accommodation.?Employers cannot retaliate against employees for requesting a reasonable accommodation, for reporting or opposing PWFA violations, or for participating in a PWFA proceeding or investigation.
For violations, the PWFA provides the same rights of action and remedies available to employees under Title VII. ?Remedies include damages for back pay, front pay, lost benefits and pension, reinstatement, and reasonable accommodation, as well as compensatory and punitive damages and reasonable attorneys’ fees and costs.?
Employers should consider reviewing and updating accommodation policies to ensure that they are compliant with the PWFA and training supervisors and human resources personnel on the PWFA and recognizing requests for accommodations under the PWFA.??
By: Meredith Cavallaro, Tara Curtin and Molly R. Buckley (Summer Associate)
Meredith Cavallaro
Head of the Firm's Employment Practice
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Tara Curtin
Of Counsel
About Paduano & Weintraub LLP
Paduano & Weintraub's Employment Group represents employers in all aspects of employment litigation and counseling. For companies of various sizes, ranging from large public companies to small family-owned businesses, we defend employers nationally, and across various industries, in state and federal actions and arbitrations brought by employees alleging discrimination, harassment and retaliation. We defend employers in single plaintiff and collective and class actions throughout the country alleging violations of the Fair Labor Standards Act and its state and local counterparts. We regularly represent employers in matters regarding restrictive covenants. We counsel clients in risk management by creating proactive solutions to workplace issues. We create and implement compliant and practical policies and best practices to help clients build a workplace infrastructure that balances business needs and legal compliance while mitigating short- and long-term risk. In that regard, we provide effective management-level training seminars and conduct employee harassment training and intervention. Our team responds to and manages the complex issues that arise from workplace crises, including high-profile sexual harassment complaints.
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