December 29, 2022
On December 23, 2022, President Biden signed the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers with fifteen (15) or more employees to provide reasonable accommodations for job applicants and employees with known limitations related to pregnancy, childbirth, and related medical conditions.
The PWFA was modeled after the Americans with Disabilities Act (ADA). The PWFA compels employers to amend their existing reasonable-accommodation policies to clarify that they apply to employees who are pregnant, have pregnancy-related conditions, or have recently given birth. Reasonable accommodations might include assigning light duty, permitting more frequent bathroom breaks, or allowing a pregnant worker to drink water at her workstation.
Many requests based on pregnancy are likely temporary and therefore may be easier to make. For example, a pregnant employee may be allowed to work remotely during the pregnancy with the expectation that the employee will return to the workplace after the baby is born. Accommodations that are typically not reasonable are those that eliminate an essential function of the job, create a new job for the employee, or provide indefinite leave.
If you have questions regarding this or any other matter, please contact Dean Leazenby at Warrick & Boyn, LLP.