Key Takeaways

• The Pregnant Workers Fairness Act (PWFA) is a federal law that requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions.
• Starting June 27, employees can file charges of discrimination for violations of the PWFA.  
• Employers should review their policies and practices to ensure compliance with the PWFA.

Background

Currently, workers are protected from discrimination based on pregnancy, childbirth or related medical conditions under the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964. Under the PDA, employers cannot terminate, refuse to hire or take any other adverse action based on pregnancy, childbirth or related medical conditions. The PDA also requires employers to treat workers affected by pregnancy, childbirth or related medical conditions in the same manner as others “similar in their ability or inability to work.” Based on this provision, the United States Supreme Court held that a pregnant worker may establish a prima facie case of discrimination under the PDA by demonstrating that they were denied an accommodation, while an accommodation was granted to others “similar in their ability or inability to work.” See Young v. United Parcel Service, Inc., 575 U.S. 206 (2015). While this decision provided an avenue for pregnant workers to receive an accommodation in certain circumstances, the PDA does not explicitly require employers to provide reasonable accommodations to pregnant workers.

Likewise, the Americans with Disabilities Act of 1990 (ADA) does not guarantee reasonable accommodations for pregnant workers. The ADA requires employers to provide reasonable accommodations to qualified employees with a disability, but pregnancy alone is not a disability. Therefore, while some pregnancy-related conditions may qualify as a disability, many pregnant workers are not entitled to reasonable accommodations under the ADA.

Under the PWFA, employers with 15 or more employees are now required to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions, unless the accommodation would impose an undue hardship on the employer.

Examples of Reasonable Accommodations for Pregnant Workers

Similar to the ADA, a reasonable accommodation under the PWFA is a modification or adjustment to the job or the work environment. The House Committee on Education and Labor Report on the PWFA lists these examples of potential reasonable accommodations:

• Provide the ability to sit or drink water.
• Provide closer parking.
• Give additional break time to use the bathroom, eat and rest.
• Allow flexible hours.
• Excuse the worker from strenuous activities and/or activities that involve exposure to compounds that are not safe for pregnancy.

The Equal Employment Opportunity Commission is expected to issue guidance that provides further examples of reasonable accommodations that address known limitations related to pregnancy, childbirth or related medical conditions.

Other Requirements Under the PWFA

In addition to providing reasonable accommodations, the PWFA states the following:

• Employers must engage in the interactive process to arrive at a reasonable accommodation.
• Employers cannot deny employment opportunities to a qualified employee if the denial is based on the need to make a reasonable accommodation.
• Employers cannot require a qualified employee to take paid or unpaid leave if another reasonable accommodation can be provided.
• Employers cannot take any adverse action against a qualified employee on account of the employee requesting or using a reasonable accommodation.

Conclusion

Employers should review their policies to ensure compliance with the new requirements under the PWFA and update them as necessary.

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