Pregnant Workers Fairness Act: What You Need to Know About Your Rights

2024 is a transformative year for pregnant workers, thanks to the implementation of the Pregnant Workers Fairness Act (PWFA). This new law, effective June 18, 2024, expands the protections and accommodations available to pregnant employees, ensuring their rights to fair treatment in the workplace. Whether you're currently pregnant, recovering from childbirth, or dealing with related medical conditions, the PWFA is here to support you by requiring your employer to provide reasonable accommodations, so you can work in a healthy and safe environment.

Who is protected under the PWFA?

The PWFA applies to all employees working for employers with 15 or more employees, including private employers, state and local government employers, and the federal government. If you are pregnant, recovering from childbirth, or dealing with a related physical or mental health condition, this law protects your right to request and receive reasonable accommodations at work.

What are your rights under the new law?

Under the PWFA, if you experience any limitations or challenges related to your pregnancy, childbirth, or related medical conditions, your employer is required to provide reasonable accommodations to support you in your role. These accommodations are not limited to significant disabilities; even minor or temporary limitations are covered, so long as they are related to your pregnancy.

Some common examples of pregnancy-related limitations that may require accommodations include:

·       Back pain from standing – you may be entitled to sit down or use a chair.

·       Fatigue – your employer may need to adjust your work schedule or give you additional breaks.

·       Prenatal care appointments – you may be granted time off or allowed to adjust your schedule to attend these necessary appointments.

·       Working with hazardous materials – you may be reassigned to safer duties.

·       Need to snack or breastfeed – you may be allowed extra breaks to eat or nurse.

·       Risk of communicable diseases – you could be permitted to work remotely.

How do you request accommodations?

Unlike some other employment laws, under the PWFA, you don’t need to go through an extensive formal process to request accommodations. You simply need to inform your supervisor about your pregnancy and any related limitations. For example, telling your supervisor, “I’m experiencing pelvic pain when standing for long periods,” is enough to trigger your employer's obligation to accommodate you.

Employers are required to respond quickly and work with you to find an effective accommodation that supports your health and well-being.

What if your employer says the accommodation is too difficult?

Your employer is only excused from providing accommodations if they can prove that the request would create an “undue hardship” for their business. This means that the accommodation must be extremely difficult or expensive to implement. However, before denying an accommodation, your employer must work with you to find a solution that works for both you and the company. If the employer still refuses, they must be able to justify their decision with evidence if challenged.

Do you need to provide medical documentation?

In most cases, no. You can “self-confirm” your need for an accommodation by simply informing your employer of your pregnancy and the specific support you require. While your employer may request documentation from a healthcare provider in some cases, such as when the request is for an extended leave or a substantial job modification, the documentation must be limited to confirming your condition and outlining your need for accommodation.

What happens if your employer delays or denies your request?

The PWFA ensures that employers must act swiftly when accommodations are requested. If you have an immediate need, your employer should provide a temporary or interim accommodation while they work to establish a more permanent solution. Denying or delaying your accommodation without good reason can be considered a violation of your rights under the PWFA.

What if you need time off?

Under the PWFA, leave is considered a reasonable accommodation, even if you are not eligible for FMLA or other leave benefits. However, if you prefer to keep working and an alternative accommodation allows you to do so, your employer cannot force you to take leave.

What if your employer retaliates?

The PWFA explicitly prohibits employers from retaliating against you for requesting or using an accommodation. This includes obvious actions like termination, demotion, or pay cuts, but also less direct forms of retaliation, such as changing your performance expectations or penalizing you for absences related to your accommodation.

What can you do if your rights are violated?

If you believe your employer has violated your rights under the PWFA, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC). You are also protected from any form of retaliation for asserting your rights or seeking legal assistance.

In summary, the PWFA ensures that pregnant workers have the support they need to stay healthy and productive at work. Understanding your rights under this new law can empower you to advocate for the accommodations you deserve, and help you navigate the workplace with confidence during your pregnancy and beyond.