The Pregnant Workers Fairness Act (PWFA) is now in effect. As of June 27, 2023, the PWFA requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so will result in an undue hardship to the employer. Although other pre-existing laws have made it unlawful to terminate or otherwise discriminate against workers on the basis of pregnancy or related conditions, the PWFA now provides expanded protections where an employer may not have qualified for an accommodation under other laws.
Under the PWFA, covered employers cannot:
✖ Require an employee to accept an accommodation without properly discussing the accommodation with the employee;
✖ Deny a job or other employment opportunities to a qualified employee or applicant based on the person's need for a reasonable accommodation;
✖ Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;
✖ Retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding; or
✖ Interfere with any individual’s rights under the PWFA.In addition to providing reasonable accommodations, employers must also post a notice describing the law’s protections.
The poster can be located here.