The Pregnant Workers Fairness Act (PWFA) is a federal law designed to protect the health, safety, and economic security of pregnant workers. Signed into law in 2022 and effective as of June 27, 2023, the PWFA fills important gaps in previous protections by giving pregnant workers clear rights to workplace accommodations—similar to those already available to employees with disabilities. Contact our Los Angeles pregnancy discrimination lawyer for more information on your unique case.
Key Provisions of the PWFA
The PWFA applies to employers with 15 or more employees and covers workers applying for jobs, current employees, and part-time staff. The law ensures that employers must:
- Provide reasonable accommodations to employees with limitations related to pregnancy, childbirth, or related medical conditions
- Engage in an interactive process with the employee to identify suitable accommodations
- Avoid forcing workers to take leave if another accommodation is available
- Refrain from retaliating against any employee who requests accommodations or files a complaint under the PWFA
Reasonable accommodations can include changes such as:
- More frequent or longer breaks
- Modified work schedules
- Light-duty assignments
- Temporary transfers to less strenuous tasks
- Access to a chair or ability to sit while working
- Remote work options
These adjustments must not impose an “undue hardship” on the employer. This standard mirrors the accommodation requirements under the Americans with Disabilities Act (ADA).
How Is the PWFA Different from Other Laws?
Before the PWFA, pregnant workers had to rely on a patchwork of laws for protection, such as the Pregnancy Discrimination Act (PDA) and the ADA. However, these laws did not guarantee accommodations unless the worker had a qualifying disability or could show they were treated worse than others. The PWFA requires accommodations regardless of whether the condition rises to the level of a disability. It focuses directly on the physical and medical needs of pregnancy and recovery, giving workers clearer legal footing.
Who Enforces the PWFA?
The Equal Employment Opportunity Commission (EEOC) enforces the Pregnant Workers Fairness Act. Employees who believe their employer violated the PWFA can file a charge of discrimination with the EEOC. The agency may investigate the claim, attempt mediation, or issue a Notice of Right to Sue so the employee can pursue a legal case.
What Are Examples of Pregnancy Accommodations Under the PWFA?
Accommodations under the PWFA are often simple adjustments that allow employees to perform their jobs safely and comfortably. For example:
- Additional Breaks: Extra time to rest, use the restroom, eat, or hydrate during the workday.
- Modified Work Schedules: Adjusting start or end times to accommodate medical appointments or morning sickness.
- Temporary Light-Duty Work: Reassigning physically demanding tasks or reducing lifting requirements.
- Remote Work: Allowing an employee to work from home if their medical condition makes commuting difficult.
- Seating Modifications: Providing a chair or stool for employees who usually stand for long periods.
- Flexible Leave: Time off for pregnancy-related medical needs, even if the employer does not typically offer such leave.
- Temporary Job Reassignment: Moving the employee to a different role or location with less physical strain.
If an employer refuses to consider a reasonable adjustment, it may violate the PWFA.
How a Lawyer Can Help You
If you believe your employer denied you reasonable accommodations or retaliated against you for being pregnant or requesting support, a Los Angeles pregnancy discrimination lawyer can protect your rights and guide you through the legal process. A discrimination lawyer in LA County can:
- Review your situation and determine whether your employer violated the PWFA
- Help you document requests, communications, and mistreatment
- File a complaint with the EEOC on your behalf
- Negotiate with your employer to secure accommodations or compensation
- Represent you in court if needed
A qualified employment lawyer can ensure you receive fair treatment and hold your employer accountable under the law.
Contact Us Today
If you believe your employer denied you fair treatment under the PWFA, our trusted legal team can help you hold them accountable. Call YMS LLP at (310) 499-0140 or message us online to arrange a free consultation today.