Yes, the expansion of rights for pregnant employees now requires covered employers (those who have 15 or more employees) to provide “reasonable accommodations” to employees or applicants who may have limitations related to pregnancy, childbirth, or related medical conditions; unless of course the accommodation causes the employee an “undue hardship.” Qualified employees or applicants are qualified if:
- They can perform the essential functions of the position with or without reasonable accommodation.
- The inability to perform an essential function is for a temporary period and could be performed in the foreseeable future; or
- The inability to perform the essential function can be reasonably accommodated.
This expansion of rights is a result of employers only previously being required to provide reasonable accommodations when an employee’s pregnancy, childbirth, or related medical condition led to a disability under the American with Disabilities Act (ADA). However, effective June 27, 2023, examples of accommodations that employers must consider include but are not limited to additional restroom breaks, reducing lifting requirements, or providing leave for an employee who does not qualify for leave under the Family Medical Leave Act (FMLA), etc. Just like with the ADA, the PWFA obligates employers to engage in the interactive process to try to identify an appropriate reasonable accommodation. And as always, retaliation of any sort to an employee or applicant is prohibited.
Please be aware that the Equal Employment Opportunity Commission (EEOC) has stated that they will begin to accept charges under the PWFA on June 27, 2023. Therefore, employees can only submit complaints on June 27th or later. BUT PLEASE BE AWARE, if a pregnant employee needs an accommodation before 27th, they may still have the right to receive accommodations under federal or state law.
I strongly encourage you to review the link above to ensure that you are familiar with this new law and partner with your HR department or employment lawyer for further discussion. AND, if you have neither, please reach out to FINE HR! Additionally, if you need your employee handbook/policy reviewed to ensure that you are compliant, please feel free to reach out to FINE HR Consulting! We are here to serve you!
Thank you so much for your time today! I will be speaking with you later. But in the meantime, STAY FINE!
Your Favorite HR Concierge!
References
U.S. Equal Employment Opportunity Commission. (n.d.). What You Should Know About the Pregnant Workers Fairness Act. What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission (eeoc.gov)