Editorial · March 4, 2023
Pregnant Workers Fairness Act: What Employers Need to Know
The Pregnant Workers Fairness Act is a new federal law that tells employers to make reasonable changes at work for pregnant employees. It takes effect on June 27, 2023. Employers have a few months to get ready, and the steps below can help.
What the law requires
Congress passed the law as part of a large spending package, and it was signed on December 29, 2022. It is Public Law 117-328. The rule is simple. A covered employer must give “reasonable accommodations” for a worker's known limits tied to pregnancy, childbirth or related medical conditions. The one exception is when the change would cause an “undue hardship.” The U.S. Equal Employment Opportunity Commission (EEOC) describes undue hardship as significant difficulty or expense for the employer.
The law covers accommodations only. Other laws already bar firing or treating workers badly because of pregnancy.
Who is covered
The act protects employees and job applicants who work for covered employers. That group includes private and public employers with at least 15 employees. It also includes Congress, federal agencies, employment agencies and labor organizations.
If your business has fewer than 15 people, this federal law may not apply to you. State or local rules might still apply, so check them.
What reasonable accommodations can look like
An accommodation is a change to the work setting or to the way things are usually done. The EEOC points to a House committee report that lists possible examples:
- The ability to sit or drink water at work
- Closer parking
- Flexible hours
- Uniforms and safety gear that fit
- More break time to use the bathroom, eat and rest
- Leave or time off to recover from childbirth
- Being excused from strenuous tasks, or from tasks that involve exposure to compounds that are not safe for pregnancy
These are examples, not a fixed list. The right answer depends on the job and the worker, and it should come from a real conversation between the two.
What employers may not do
The law lists several actions that are off limits. A covered employer cannot:
- Require a worker to accept an accommodation without first talking it over with her
- Deny a job or other opportunity to a qualified worker or applicant because she needs an accommodation
- Force a worker to take leave when another accommodation would let her keep working
- Retaliate against someone who reports or opposes unlawful treatment under the act, or who takes part in a proceeding such as an investigation
- Interfere with anyone's rights under the act
The point about leave matters. Many employers might reach for time off first. Under this law, leave cannot be forced when a simple change would keep the person working.
How it works with other laws
The new act does not replace other rules. It does not override federal, state or local laws that protect workers more. The EEOC notes that more than 30 states and cities already have laws on accommodations for pregnant workers.
Several federal laws still apply. Title VII of the Civil Rights Act of 1964 bars discrimination based on pregnancy, childbirth or related medical conditions. The Americans with Disabilities Act (ADA) requires accommodations for a disability, and while pregnancy is not a disability under the ADA, some pregnancy-related conditions may be. The Family and Medical Leave Act offers unpaid, job-protected leave for certain family and medical reasons. The PUMP Act, which the Department of Labor enforces, widens workplace protections for expressing breast milk.
Timing matters too. The EEOC will start taking charges under the new act on June 27, 2023, and only for events on or after that date. Until then, it will keep handling accommodation charges under Title VII and the ADA.
Steps to take before June 27
The EEOC must write rules to carry out the law. It plans to publish a proposed version first so the public can comment. Employers do not need to wait for that to start preparing.
- Find out whether you are a covered employer, starting with the 15-employee line.
- Check your handbook for any rule that forces leave when another fix could work.
- Pick one person who will handle accommodation requests, and train managers to pass requests to that person.
- Write down how a request is received, discussed and answered.
- Review your state and local rules, since the stronger rule governs.
- Watch the EEOC site for the proposed rules and for new guidance.
Small steps now are cheaper than fixing a problem after a charge is filed. This article is general information, not legal advice. Talk to an employment lawyer about your own situation.