Beginning a family is an exciting and life-changing experience. However, the journey of pregnancy and raising a family in the United States is complicated. Birth rates are dropping in America, so having children is encouraged to solidify future generations. Unfortunately, in today’s economic climate, it is very common and essential, in most cases, for both parents to be employed to meet the basic needs of the family unit.
Nowadays, families often can’t survive off of one salary, which means expectant mothers must work leading up to and soon after giving birth. Despite all of this, many pregnant workers can’t find jobs or guarantee that they will still have a job to come back to after giving birth.
In response to this problem, the Pregnant Workers Fairness Act (PWFA) was created and passed in June of 2023. A by-product of the Pregnancy Discrimination Act, this new federal law gives pregnant workers more protections and rights to protect themselves and their families.
The problem is that not everyone knows their rights.
The law covers various employers, including Congress, federal agencies, employment agencies, and labor organizations. When you don’t know what rights you have, you can’t utilize them, and your employers can use this against you.
The pregnancy discrimination attorneys at Barrett & Farahany can explain.
What Does the Pregnant Workers Fairness Act Do?
This law helps pregnant workers in multiple ways. It requires employers to accommodate workers who are expecting a child, giving pregnant people protections and rights in the workplace and removing requirements for reporting abuses against workers. To be specific:
Unlike the Pregnancy Discrimination Act, the PWFA removes the requirement that employees have to prove why they should be accommodated. Now, it’s on the employers to work in good faith or prove that the employee does not need accommodations rather than the other way around.
Failing to provide these accommodations can be considered an unlawful employment practice. The act extends protections similar to those under the Americans with Disabilities Act (ADA).
The law promises time off from work after childbirth for recovery, otherwise known as maternity leave. Workers of companies who don’t qualify for federal leave now qualify under the PWFA.
This act also promises pregnant workers accommodations for them to complete fertility treatments and take breaks or delays due to morning sickness. This also addresses other symptoms and conditions such as lactation, gestational diabetes, pregnancy loss, postpartum depression, mastitis, and other related medical conditions.
Women who seek to end their pregnancies through abortion care have protected time off to access it.
What Accommodations Can Pregnant Employees Expect?
The Pregnant Workers Fairness Act (PWFA) requires that pregnant employees who can perform the essential functions of their job receive reasonable accommodations to continue their work without jeopardizing their health or employment status.
This includes more frequent breaks, temporary transfer to less strenuous duties, modified work schedules, and permission to sit if their job typically requires standing.
Additionally, accommodations can extend to providing closer parking spaces, flexible hours for prenatal visits, and ergonomic office furniture.
Employers must engage in an interactive process to identify suitable accommodations, creating a supportive work environment for pregnant employees.
The PWFA also establishes that pregnant employees have access to maternity leave. Allowing for post-birth recovery and bonding with newborn babies, maternity leave protects from loss of job during this time.
This protection aligns with the goal of the PWFA to provide comprehensive support for pregnant workers.
Are There Any Exceptions to the Pregnant Workers Fairness Act?
Yes, there are exceptions to the PWFA. Employers with fewer than 15 employees, including both private and public sector employers, are not covered under this act.
Additionally, if an accommodation poses an undue hardship on the business, such as significant difficulty or expense relative to the size and resources of the company, the employer may be exempt from providing it.
If an employer does not abide by the Pregnant Workers Fairness Act, employees can and should contact an attorney and report this incident to the proper authorities at the Equal Employment Opportunity Commission (EEOC).
Maternity leave protections under the PWFA ensure that even if certain exceptions apply, the core rights of pregnant employees are safeguarded.
Temporary and part-time workers may also have limited protections under this act. Furthermore, the act does not apply to independent contractors.
Contact the Pregnancy Discrimination Attorneys at Barrett & Farahany
Workers and their families who are bringing new life into the world need to be able to support that new life as well. Being able to work without jeopardizing their health before giving birth, having the time to recover after giving birth, and having a job to return to is critical to this.
The Pregnant Workers Fairness Act protects your ability to do that if you are a pregnant employee. Do not let the ignorance of the law be why your employer gets away with taking advantage of you.
Additionally, understanding your rights to maternity leave under the PWFA can further protect your employment and health during this important time.
If you believe you have been wrongly denied a reasonable accommodation for your pregnancy, contact our pregnancy discrimination attorneys today. Barrett & Farahany is here to help.
