{"id":159616,"date":"2023-06-26T20:59:59","date_gmt":"2023-06-26T20:59:59","guid":{"rendered":"https:\/\/www.shrm.org\/resourcesandtools\/legal-and-compliance\/employment-law\/pages\/pregnant-workers-fairness-act-takes-effect.aspx"},"modified":"2023-06-26T20:59:59","modified_gmt":"2023-06-26T20:59:59","slug":"pregnant-workers-fairness-act-takes-effect-today","status":"publish","type":"post","link":"https:\/\/squarehr.com\/index.php\/2023\/06\/26\/pregnant-workers-fairness-act-takes-effect-today\/","title":{"rendered":"Pregnant Workers Fairness Act Takes Effect Today"},"content":{"rendered":"

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?The obligation under the Pregnant Workers Fairness Act (PWFA) to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions kicks in today. We’ve gathered articles on the news from SHRM Online<\/em> and other media outlets.<\/p>\n

EEOC Action<\/p>\n

The U.S. Equal Employment Opportunity Commission (EEOC) will now start accepting PWFA charges. Charges submitted to the EEOC must be based on events that occurred on or after June 27. <\/p>\n

(The National Law Review<\/a>)<\/p>\n

Other Protections<\/p>\n

The Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act of 1964, already prohibited pregnancy discrimination. The PDA requires covered employers to treat employees affected by pregnancy, childbirth or related medical conditions the same as other similarly situated employees. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with certain conditions related to pregnancy that qualify as a disability\u2014for example, gestational diabetes\u2014though many other common pregnancy-related conditions are not covered.<\/p>\n

The PWFA applies to employers with 15 or more employees, unless the accommodation would cause the employer an undue hardship.<\/p>\n

(Ogletree Deakins<\/a>)<\/p>\n

PWFA Coordination<\/p>\n

The PWFA’s accommodation provisions are based on the ADA’s, but under the PWFA, an employer may temporarily have to eliminate an essential job function. That’s not the case under the ADA.<\/p>\n

(SHRM Online<\/em><\/a>)<\/p>\n

Reasonable Accommodations Under the PWFA<\/p>\n

Reasonable accommodations might include assigning light duty, permitting more frequent bathroom breaks or allowing a pregnant worker to drink water at their workstations.<\/p>\n

Other accommodations under the PWFA might include:<\/p>\n