The US Equal Employment Opportunity Commission will start accepting charges under the Pregnant Worker’s Fairness Act (PWFA) on June 27 when the law goes into effect. The PWFA was passed on December 27, 2022, and President Biden signed the bill into law on December 29, 2022. The law requires covered employers (those with 15 or more employees) to provide reasonable accommodation to employees and job applicants with temporary, physical, or mental limitations due to pregnancy, childbirth, or related conditions. Reasonable accommodation may include by way of example the ability to sit or drink water or receive closer parking, have flexible hours, or receive additional break time or time to rest. Employers are required to provide reasonable accommodations unless they would cause an undue hardship which is a significant difficulty or expense for the employer. They are prohibited from requiring employees to accept an accommodation without a discussion about the accommodation or denying a job or other employment opportunity to qualified applicants based upon the need for an accommodation. In addition, employers are prohibited from requiring an employee to take leave if another reasonable accommodation can be provided, retaliating against an individual for reporting or opposing unlawful PWFA discrimination or interfering with any of an individual’s rights under the PWFA.

Written by Partner Keith Savidge.
For further guidance on your PWFA rights and responsibilities contact any member of the SSEG Human Resources Law practice group
https://sseg-law.com/practice-groups/human-resources-labor-employment/