Is your workplace in compliance with the Pregnant Workers Fairness Act

The date is almost here when the Pregnant Workers Fairness Act (PWFA) will go into effect for all employers with 15 or more employees. Have you changed your handbook and workplace policies to reflect the current law? Or are you gambling that none of your employees will become pregnant and the law will not apply at your workplace?

Obviously, it is advisable to have changed all handbook and workplace policies to reflect the upcoming and soon to be current law.

The PWFA mandates that employers with 15 or more employees are required to provide a reasonable accommodation for “the known limitations related to pregnancy, childbirth and related medical conditions of a qualified employee.” Like the ADA it applies, “unless such [a] covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business.”

The PWFA prohibits employers from acting in the following manner:

Denying employment opportunities based on the need to make a reasonable accommodations;

Retaliating against employees for reporting or opposing unlawful discrimination under the PWFA;

Requiring employees to accept an accommodation other than any reasonable accommodation resulting from the interactive process;

Requiring employees to take leave, paid or unpaid, if another reasonable accommodation is available; and;

Taking an adverse action in the terms, conditions, or privileges of employment against employees requesting a reasonable accommodation.

The ADA definition of a reasonable accommodation is used for the PWFA. It is a modification or adjustment to a job or the work environment that enables an employee with a disability an equal opportunity to successfully perform a job an employee without a disability.

The PFWA does not specify any types of reasonable accommodations. It mandates the EEOC to issue regulations to carry out the Act, including, examples of reasonable accommodations. These regulations are to be issued within a year of the law’s enactment.

The PWFA will become law on June 27, 2023 and be applicable and enforceable. Are you prepared?

If you are not prepared and need assistance in changing your handbook and work policies to be compliant with the PWFA, you can email me at jennie@simplygoodlaw.com or call 978-681-0017.

June will be here sooner than you can ask is it beach weather yet!