The Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) is a new federal law that requires covered employers – which includes private employers with 15 or more employees – to provide “reasonable accommodations” to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation would cause the employer an “undue hardship.”  The PWFA goes into effect on June 27, 2023.

The PWFA makes it an unlawful employment practice for a covered employer to do any of the following:

1. Require a qualified employee affected by a pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process;
2. Deny employment opportunities to a qualified employee if such denial is based on the need of the covered employer to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee;
3. Require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee; or
4. Take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.

The Equal Employment Opportunity Commission (EEOC) enforces the PWFA.  The EEOC will be releasing regulations to carry out the PWFA in the near future.  In the meantime, the EEOC has issued guidance on the law through an FAQ webpage.  The EEOC will start accepting charges from aggrieved employees under the PWFA on June 27, 2023, for any violation occurring on or after June 27, 2023.

The PWFA does not preempt federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions.  California law provides broad protections for employees affected by pregnancy, childbirth, or related medical conditions.  California schools may be required, for example, to make reasonable accommodations for employees who have work-related limitations stemming from pregnancy, childbirth, or a related condition.  Those accommodations may include, but are not limited to, temporary transfer to a less strenuous or less hazardous position, upon the advice of her health care provider.  California schools should keep in mind that they must comply with both federal and California laws, but that the laws impose very similar obligations.