Editor: Sanmathi (Sanu) Dev, Esq.
Below is an article written by my colleague, Ralph R. Smith, Esq., Co-Chair of our firm’s Labor & Employment Group. If you wish to view additional articles and/or be kept up-to-date with labor & employment issues, visit our HR Resource blog by clicking here.
On Tuesday, June 27, 2023, a new federal law that expands the rights of pregnant (and postpartum) workers went into effect nationally. The Pregnant Workers Fairness Act (“PWFA”) provides several new rights and protections for pregnant workers and imposes new obligations on employers. It applies to all employers who employ 15 or more employees.
Here are some critical provisions of the Act that all employers must know who are covered by this new law:
1. Reasonable Accommodations: The PWFA requires employers to provide reasonable accommodations to pregnant employees. This includes things such as modifications to tasks, work schedules, or other workplace adjustments that allow pregnant individuals to continue working safely and without jeopardizing their health or the health of their unborn child. Examples of reasonable accommodations may include providing extra breaks, allowing for more frequent restroom visits, or allowing a temporary transfer to less physically demanding tasks.
2. Protection against Discrimination: The PWFA likewise prohibits employers from discriminating against pregnant workers. It ensures that pregnancy, childbirth, and related medical conditions are protected characteristics under employment anti-discrimination laws. Employers cannot refuse to hire, fire, demote, or take adverse actions against an employee due to pregnancy or its related medical conditions.
3. Notice and Training Requirements: The PWFA also requires employers to notify their employees of their rights under the Act. Employers must inform workers about their right to reasonable accommodations for pregnancy-related conditions and the prohibition of discrimination based on pregnancy. Additionally, the Act encourages employers to provide training to managers and supervisors to ensure compliance with the law and promote a supportive and inclusive work environment.
As most employers are aware, there were already existing laws that the Equal Employment Opportunity Commission (EEOC) enforces that make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, and/or related medical conditions already. For example, the federal Pregnancy Discrimination Act of 1978 (“PDA”) has long banned such practices; this new law reiterates such prohibitions and expands upon an employer’s duties by actively imposing an accommodation requirement that was not expressly required by the PDA.
The PWFA does not replace federal, state, or local laws that offer more protection to workers affected by pregnancy, childbirth, or related medical conditions. More than 30 states and cities have laws that require the provision of accommodations for pregnant workers. New Jersey happens to be one such state, which has had a reasonable accommodation mandate as part of its Law Against Discrimination since that law was amended to add the requirements in 2014, meaning that these new requirements of the federal PWFA will just impose obligations that have already existed in New Jersey since the Law Against Discrimination was modified. Moreover, like the New Jersey Law Against Discrimination, employers will be able to opt out of providing accommodations to pregnant workers under the PWFA if they can show that doing so presents an “undue hardship” on their business operations.
If you have not brought your policies in line with the modified Law Against Discrimination, the new federal law gives you a second chance to update your anti-pregnancy discrimination policies to meet these new federal requirements that largely mirror those already existing under New Jersey law.
