Pregnant Workers Fairness Act Is in Effect, and Also Requires Reasonable Accommodation
The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The expanded rights for pregnant individuals will be similar to those qualified individuals with disabilities under the ADA. Under the PWFA, such individuals only have to show that they require reasonable accommodation due to a physical or mental condition related to pregnancy/childbirth or a related condition. The PWFA also does not allow an employer to require a qualified individual to accept accommodation other than one arrived at through the interactive process, nor require a qualified individual to take leave if another reasonable accommodation can meet the individual's needs.
Editor's Note: This is another area in which an employer's handbook and/or equal employment policies would likely need modification. Employers may also consider having separate forms or places on forms in which employees request accommodations for ADA, religion, or for pregnancy-related issues. In any event, employers must be aware that the concept of "undue hardship" varies somewhat between accommodations for religious, pregnancy or ADA purposes.
This article is part of our August 2023 Newsletter.
View newsletter online
Download the newsletter as a PDF
Related Content
Get Email Updates

Trump Nominates Appointments to NLRB and EEOC but Policy Changes Likely to Be Delayed

DOL Launches Self-Audit Programs Designed to Help Employers Improve Compliance

DOL Must Release EEO-1 Reports to the Public under Open Records Laws

Current Advice on Active-Shooter Situations

New Policy for Federal Workers and Religious Expressions
