On December 29, 2022, as part of the omnibus spending bill, President Biden signed the Pregnant Workers Fairness Act (PWFA), which requires pregnant workers to be given reasonable accommodations. The PWFA applies to employers with 15 or more employees and is effective June 27, 2023.
For context, the Pregnancy Discrimination Act (PDA), passed in 1978, amended Title VII of the Civil Rights Act of 1964 and prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions, including lactation/breastfeeding. While the Equal Employment Opportunity Commission (EEOC) often interpreted the PDA to require employers to accommodate lactating employees, many courts determined pregnancy alone was not a disability entitled to accommodations, and the federal statute did not specifically require employers to provide reasonable accommodations to pregnant employees.
The PWFA requires employers to provide reasonable accommodations and use the interactive process, as defined in the Americans with Disabilities Act (ADA), to accommodate employees because of their conditions related to pregnancy or childbirth. The PWFA, like the ADA, provides a defense for undue hardship.
The law does not preempt state laws that provide greater protection. For Colorado, Utah, New Mexico, and a host of other states, this requirement is already codified under state law. For employers with employees in other states, reasonable accommodation policies may need to be updated to include protections for pregnant employees.
For additional information or assistance with implementing the PWFA’s requirements, please reach out to Employers Council at info@employerscouncil.org.
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