What to Know About the Pregnant Workers Fairness Act

After being passed as part of a $1.6 trillion spending bill last December, the Pregnant Workers Fairness Act(PWFA) became law in June of this year. It was first introduced all the way back in 2012, and its passage is meant to close a loophole in the 1978 Pregnancy Discrimination Act, one which employers used to deny even simple requests, such as a water bottle or extra break time.

A “reasonable accommodation” can include many things, and the Americans with Disabilities Act(ADA) requires employers to make the changes necessary (for current and prospective employees) so that equal opportunity and benefits can be ensured for everyone. The accommodations vary depending on what the person needs to be accommodated for, but there are very few reasons that a court of law might accept for a company refusing to make one.

What does the Pregnant Workers Fairness Act say?

It was already illegal for an employee to be fired purely because of their pregnancy, but this legislation will provide extra employment protection for pregnant workers by requiring employers to make temporary, reasonable accommodations for any pregnant employee. It applies to all covered employers, which are those with at least 15 employees. Other things the Act stipulates:

• It includes that accommodations must be provided for those who have limitations related to “pregnancy, childbirth, or related medical conditions.” The “related medical conditions” part isn’t specifically defined and leaves room for broad definition. It can mean anything from gestational diabetes to lactation, from pregnancy-related carpal tunnel to sciatica.
• Pregnant employees no longer have to identify a person who is not pregnant with a similar ability or inability to do their job. In the 2015 Supreme Court case Young vs. UPS, a pregnant UPS driver requested to lift no more than 20 pounds, based on her OBGYN’s recommendation. UPS denied this request, the Court decided in favor of the worker, but the “similarly situated employee” standard was created. The PWFA makes this standard illegal.
• It alters language to expand the scope of protection. For example, the term “uncomplicated” has replaced the terms “healthy” and “normal,” which means that specific, pregnancy-related limitations don’t have to meet he ADA’s definition of a disability.
• A pregnant employee is allowed to discuss the company’s accommodation with their employer, and the employee’s need for reasonable accommodation shouldn’t prevent them from a promotion or other opportunities.

What does a reasonable accommodation look like?

While this is intentionally left vague so that each request for accommodation can be judged on a case-by-case basis, an employer can only deny the request if it would cause an “undue hardship,” which generally means that it would cause significant difficulty or expense.

However, even if the request would cause undue hardship, the employer is still required to suggest another accommodation, or even give the employee the option of paying for part of the cost. This is why the discussion between employee and employer is required as well; the employee has to have a chance to work through what options might be available.

A pregnant worker can ask for more or extended break time, a stool to sit on if the job usually entails long periods of standing, a private lactation room, or schedule modification to handle any health concerns. This is by no means an exhaustive list of what can be requested, but just a few examples of what rights the PWFA helps protect.

This Act is meant to work in conjunction with already existing laws that protect pregnant workers. If making an accommodation request, employees should make sure to document everything and keep good notes. The Pregnant Workers Fairness Act helps ensure that no one has to choose between their job and their health.