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When does the PWFA go into effect, and will the public have input on any regulations?
It became effective on June 27, 2023. To ensure smooth implementation, the EEOC is required to issue regulations for the law. They will release a proposed version of the regulations, giving the public a chance to provide input and offer comments before they become final.
Is the EEOC accepting charges under the PWFA?
Now, if you're wondering whether the EEOC is already accepting charges under the PWFA, the answer is yes! Starting from June 27, 2023, they started accepting charges related to the PWFA. However, it's important to note that for the PWFA to apply, the situation complained about must have occurred on or after June 27, 2023. If a pregnant worker needs an accommodation before that date, they may still have rights under other federal or state laws.
Up until June 27, 2023, the EEOC will continue to accept and process charges related to pregnancy, childbirth, or related medical conditions under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). But after that date, they will analyze charges concerning accommodations for pregnant workers under the PWFA (if the violation occurred after June 27, 2023), as well as under the ADA and/or Title VII, if applicable.
So, what exactly are these "reasonable accommodations" we keep talking about? They are changes made to the work environment or adjustments in how things are usually done at work. For example, allowing a pregnant worker to sit or have access to drinking water, providing closer parking, offering flexible hours, providing appropriately sized uniforms and safety apparel, allowing additional break time for bathroom, eating, and resting, granting leave for childbirth recovery, and excusing the worker from strenuous activities or exposure to unsafe compounds during pregnancy. Employers are required to provide these accommodations unless they would cause significant difficulty or expense, also known as "undue hardship."
The PWFA also prohibits covered employers from certain actions.
They cannot require an employee to accept an accommodation without discussing it with the worker, deny job opportunities based on the need for an accommodation, force an employee to take leave when other reasonable accommodations are available, retaliate against someone for reporting or opposing discrimination under the PWFA, or interfere with anyone's rights under the PWFA.
In addition to the PWFA, there are other federal laws that come into play when it comes to pregnant workers.
Other laws that apply to workers affected by pregnancy, childbirth, or related medical conditions, include:
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The PWFA will prohibit employers from:
What Qualifies as a Reasonable Accommodation?
"A modification or adjustment to a job or the work environment that enables an employee with a disability an equal opportunity to successfully perform a job." The PFWA does not specify the types of reasonable accommodations that may be required. Instead, the act directs the EEOC to issue regulations to “carry out” its provisions that include “examples of reasonable accommodations.” Those regulations are to be issued within one year of the law’s enactment.
You'll need to update your employee handbook to ensure compliance with the 2023 Pregnant Workers Fairness Act.
Need expert help updating your handbook to make sure it meets all compliance requirements? (Even those outside the new PWFA laws?)
Check out the Done Desk resource "The 2023 Employee Handbook Updates Checklist by State"
New educational resources, including tips for workers to request accommodations, a “Know Your Rights” video series, and a revised “Know Your Rights” poster required to be posted in most workplaces.
The law requires an employer to post a notice describing the Federal laws prohibiting job discrimination based on race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion, age (40 and older), equal pay, disability or genetic information (including family medical history or genetic tests or services), and retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding. Title VII of the Civil Rights Act of 1964 imposes a monetary penalty for covered employers who fail to post these notices. The penalty, currently $659, is adjusted annually for inflation as required by law.
These posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged to post the notice digitally on their web sites in a conspicuous location.
Printed notices should also be made available in an accessible format, as needed, to persons with disabilities that limit the ability to see or read. Notices can be recorded on an audio file, provided in an electronic format that can be utilized by screen-reading technology or read to applicants or employees with disabilities that limit seeing or reading ability.
TO DO:
Post this where all employees can see it.
Let them know it's there.
Track the date you posted it and retain evidence that
you announced it's presence to your employees.
Get signatures as proof they received it.
TO DO:
Post this where all employees can see it.
Let them know it's there.
Track the date you posted it and retain evidence that
you announced it's presence to your employees.
Get signatures as proof they received it.
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