The Pregnant Workers Fairness Act (PWFA) is a crucial piece of legislation designed to protect the rights of pregnant employees in the workplace. Enacted to ensure fair treatment and reasonable accommodations, the PWFA strengthens protections for workers experiencing pregnancy-related limitations. Whether you are an employee seeking accommodations or an employer striving for compliance, understanding the PWFA is essential.
The employment lawyers at Abney Law help employees enforce their rights under both federal and Kentucky law. Let us speak with you about your case.
What Is the Pregnant Workers Fairness Act?
The PWFA, which went into effect on June 27, 2023, requires covered employers to provide reasonable accommodations to employees and job applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer.
Unlike previous laws that primarily focused on preventing discrimination, the PWFA specifically addresses accommodations, ensuring that pregnant workers can continue performing their job duties safely and effectively.
Who Is Covered Under the PWFA?
The PWFA applies to:
- Private employers with 15 or more employees
- Public sector employers, including state and local governments
- Federal agencies, Congress, and employment agencies
If you work for an employer that meets these criteria, you are likely entitled to request reasonable accommodations under the PWFA.
What are Reasonable Accommodations?
Under the PWFA, reasonable accommodations may include:
- More frequent breaks for hydration, food, or restroom use
- Temporary job modifications, such as light-duty assignments
- Flexible work schedules to accommodate medical appointments
- Seating options for employees who typically stand for long periods
- Uniform or equipment modifications to ensure comfort and safety
- Remote work arrangements, if feasible
Employers must engage in an interactive process with employees to determine appropriate accommodations. However, accommodations should not impose an undue hardship, meaning they should not cause significant difficulty or expense for the employer.
How Does the PWFA Differ From Other Laws?
The PWFA complements existing laws, including:
- Title VII of the Civil Rights Act, which prohibits discrimination based on pregnancy.
- The Americans with Disabilities Act (ADA), which provides accommodations for pregnancy-related disabilities.
- The Family and Medical Leave Act (FMLA), which grants eligible employees unpaid leave for pregnancy and childbirth.
Unlike the ADA, the PWFA does not require an employee to prove that their pregnancy-related condition qualifies as a disability. Instead, it ensures that all pregnant workers can request accommodations without facing discrimination.
How to Request an Accommodation Under the PWFA
If you need an accommodation, follow these steps:
- Inform your employer about your pregnancy-related limitation.
- Request a reasonable accommodation that would help you perform your job.
- Engage in an interactive process with your employer to determine feasible solutions.
- Provide medical documentation, if required (though employers cannot demand excessive proof).
- Follow up to ensure the accommodation is implemented effectively.
Employers cannot retaliate against employees for requesting accommodations. If you believe your rights have been violated, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
What to Do If Your Rights Are Violated
If your employer refuses to accommodate you or retaliates against you, consider the following steps:
- Document your requests and any responses from your employer
- Consult a Kentucky employment law attorney
- File a complaint with the EEOC, which enforces the PWFA
Get in Touch with a Skilled Attorney that Protect Pregnant Worker Rights in Kentucky
The Pregnant Workers Fairness Act is a significant step toward ensuring workplace equity for pregnant employees. By understanding your rights and responsibilities under the PWFA, you can advocate for fair treatment and necessary accommodations.
Let the experienced employment discrimination attorneys at Abney Law review your case. Contact us today for a consultation.