The Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) is a significant piece of legislation designed to protect the rights of pregnant employees in the workplace. This act ensures that pregnant workers receive fair treatment and reasonable accommodations, promoting health and safety during pregnancy.

What Is The Pregnant Workers Fairness Act?

Passed on June 27th, 2023, the “Pregnant Workers Fairness Act” (PWFA) is a federal law that expands protections for pregnant job applicants and workers by prohibiting “employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions” by businesses with 15 or more employees.

Who is Protected by the PWFA?

The PWFA protects employees and applicants of “covered employers” who have known limitations related to pregnancy, childbirth, or related medical conditions. ”Covered employers” include private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations.

Some of the ways employers may violate your protections include:

• Failing to make reasonable accommodations (unless the accommodation would impose an undue hardship on business operations.)
• Denying employment opportunities based on the need to provide reasonable accommodations to a qualified employee.
• Requiring pregnant employees to take paid or unpaid leave when another reasonable accommodation could be provided instead.
• Taking adverse action in terms, conditions, or privileges of employment against a qualified employee who requests or uses such reasonable accommodations.

Your Rights Under the PWFA

Under the PWFA, you have the right to:

• Request Reasonable Accommodations: You can ask for adjustments or changes at work related to pregnancy, childbirth, or related medical conditions.
• Work in a Non-Discriminatory Environment: You are protected against discrimination or unfair treatment at work due to pregnancy, childbirth, or related medical conditions.
• Engage in an Interactive Process: You have the right to discuss and negotiate reasonable accommodations with your employer to find a mutually agreeable solution.
• Retain Your Job and Benefits: You can seek accommodations without fear of retaliation, such as losing your job, demotion, or reduction in hours.

The PWFA helps ensure that pregnant workers are treated fairly and can maintain their health and well-being without compromising their employment.

Key Provisions of the PWFA

The PWFA aims to eliminate discrimination against pregnant workers and mandates that employers provide reasonable accommodations to employees for pregnancy, childbirth, or related medical conditions. Key provisions include.

Reasonable Accommodations

Employers are required to make adjustments or provide amenities that enable pregnant workers to perform their job duties. These accommodations could include more frequent or longer break times, temporary transfer to a less strenuous or hazardous position, job restructuring, or modified work schedules.

Non-Discrimination

The PWFA prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. This includes decisions related to hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.

Non-Retaliation

Under the PWFA, retaliation against employees who request or use reasonable accommodations related to pregnancy, childbirth, or related medical conditions is prohibited. Those protected by the PWFA can exercise their rights without fear of reprisal.

Other Laws That Protect Pregnant Employees

In addition to the PWFA, there are several other federal and state laws that provide protections to pregnant employees:

• Pregnancy Discrimination Act (PDA)
• Family and Medical Leave Act (FMLA)
• Americans with Disabilities Act (ADA)
• New Jersey Law Against Discrimination (NJLAD)
• New Jersey Family Leave Act (NJFLA)

An Experienced NJ Pregnancy Discrimination Attorney Can Help You

Pregnancy discrimination is not just a serious problem, it is illegal, and our discrimination attorneys are ready to take action.

With offices in NJ, NY, and PA, McOmber McOmber & Luber, P.C. has experience in representing a wide range of employees who have been subjected to harassment and retaliation on the basis of pregnancy. If you have been the target of discrimination because of your pregnancy or related medical conditions, your employer may be responsible for compensating you for economic damages and your pain and suffering. A pregnancy discrimination lawyer can get you the compensation you deserve.

Contact us today for a free consultation.