is a new law that requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions.

The only exception is if the accommodation would cause the employer significant difficulty or expense, which is known as "undue hardship." Let's get into it!

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Now, it's important to note that the PWFA specifically focuses on accommodations. There are already existing laws enforced by the EEOC that make it illegal to fire or discriminate against workers based on pregnancy, childbirth, or related medical conditions. But here's the thing: the PWFA doesn't replace other federal, state, or local laws that offer even more protection for pregnant workers. In fact, over 30 states and cities have their own laws providing accommodations for pregnant workers.

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.

Now, let's talk about who the PWFA protects. It applies to employees and job applicants of "covered employers." This includes private and public sector employers with at least 15 employees, Congress, federal agencies, employment agencies, and labor organizations.

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:

• Title VII (enforced by the EEOC), which: Protects an employee from discrimination based on pregnancy, childbirth, or related medical conditions; and Requires covered employers to treat a worker affected by pregnancy, childbirth, or related medical conditions the same as other workers similar in their ability or inability to work;
• The ADA (enforced by the EEOC), which: Protects an employee from discrimination based on disability; and Requires covered employers to provide reasonable accommodations to a person with a disability if the reasonable accommodation would not cause an undue hardship for the employer. While pregnancy is not a disability under the ADA, some pregnancy-related conditions may be disabilities under the law.
• The Family and Medical Leave Act of 1993 (enforced by the U.S. Department of Labor), which provides covered employees with unpaid, job-protected leave for certain family and medical reasons;
• The PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act) (enforced by the U.S. Department of Labor), which broadens workplace protections for employees to express breast milk at work.