New Bill Provides Further Protections for Pregnant Employees

A new bill called the “Pregnant Workers Fairness Act” has attracted bipartisan support in the United States House of Representatives. The bill addresses pregnancy discrimination in the workplace. The bill, introduced to the House on May 14, 2019, has helped set the stage for new laws to provide further workplace protections to pregnant employees. Specifically, the bill provides further protections for women who become pregnant, give birth to a child, or suffer from pregnancy-related conditions.

To learn more about this topic, please use our Comprehensive Guide to Pregnancy Discrimination. 

Former Federal Law: Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA) of 1978 is the former law prohibiting pregnancy discrimination. The PDA does protect pregnant women by preventing and prohibiting discrimination based on pregnancy, childbirth, or pregnancy-related medical conditions. However, the PDA does not include requirements for employers to provide reasonable accommodations to pregnant employees. In a way, the PDA leaves room for discrimination and the opportunity for employers to justify their actions.

Current Law: Pregnant Workers Fairness Act (PWFA)

The current law, the Pregnant Workers Fairness Act (PWFA), H.R. 2694, works even harder at eliminating discrimination against pregnant women in the workplace. The PWFA requires that employers provide reasonable workplace accommodations to women whose pregnancy status limits their ability to perform the functions of their jobs. As a primary goal, the bill aims to eliminate discriminatory behavior towards pregnant women. Unlike the PDA, the PWFA no longer leaves room for employers to justify discriminatory behaviors. In fact, the PWFA requires that employers engage in an interactive process to find reasonable accommodations so pregnant employees can continue their work.

The PWFA helps protect pregnant women in the workplace and makes it unlawful for an entity to:

• not make reasonable accommodations for pregnant women unless the entity demonstrates that the accommodation would impose undue hardship.
• require job applicants or employees affected by pregnancy to accept accommodations that the individual chooses not to accept, so long as the accommodations suggested are unnecessary.
• deny employment opportunities to an applicant based on the need to make reasonable accommodations for the pregnancy.
• require an employee to take pregnancy leave if another reasonable accommodation can be provided.
• retaliate against an employee in response to that employee requesting or using a reasonable accommodation for pregnancy.

State Law: New Jersey Law Against Discrimination

On the state level, New Jersey has laws to protect pregnant women in the workplace. Specifically, the New Jersey Law Against Discrimination (NJLAD) includes pregnant women as a class of persons protected against discrimination. This law not only prohibits employers from firing employees based on their pregnancy status, but also further requires that employers engage in an interactive process to determine if they can provide reasonable accommodations to pregnant employees.

The Pregnancy Workers Fairness Act was signed into law on December 29th, 2022, helping protect pregnant employees in the workplace on a federal level and prevent further discrimination. This is a step in the right direction to ensure pregnant women receive the treatment they deserve.

Pregnancy Discrimination Attorneys at McOmber McOmber & Luber, P.C. Advocate on Behalf of Victims of Pregnancy Discrimination

If you have experienced pregnancy discrimination at your workplace, you are not alone. At McOmber McOmber & Luber, P.C., we are dedicated to fighting against any form of discrimination in the workplace. The pregnancy discrimination lawyers at McOmber McOmber & Luber, P.C. can help you. With offices in NJ, NY, and PA, you can call us or contact us online for a free consultation.