Evidence-Based. Clearly Delivered.
Evidence-Based. Clearly Delivered.
Effective on June 27, 2023, the Pregnant Workers Fairness Act (PWFA) requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship”. On April 15, 2024 the US Equal Employment Equal Opportunity Commission (EEOC) issued its final regulation to carry out the law. The final regulation goes into effect on June 18, 2024.
Covered employers are private and public sector employers with at least 15 employees, Congress, federal agencies, employment agencies, and labor organizations. The law is limited to accommodations only. Other laws cover discrimination against workers on the basis of pregnancy, childbirth, or related medical conditions. It also does not replace other state or federal law that protect pregnant workers.
Reasonable accommodations could include but are not limited to
The employer and worker must discuss the accommodation before the worker is required to accept it. The employer cannot deny a job or other employment opportunities to a qualified worker based on the need for a reasonable accommodation.
Employers are required to provide reasonable accommodations unless they would cause an undue hardship on the employer’s operations. Therefore, an employer must demonstrate significant difficulty or expense before denying the accommodation.
The EEOC will be charged with investigations under this act.
ACOG Committee Opinion 733: Employment Considerations During Pregnancy and the Postpartum Period
ACOG News Release: ACOG Is Proud to Support Implementation of the Pregnant Workers Fairness Act
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