The Birth of a Movement: In 2012, the seeds of change were planted when advocates called for legislative action to address the plight of pregnant workers. An op-ed in The New York Times shed light on the struggles faced by these individuals, igniting a spark that would eventually lead to the introduction of the Pregnant Workers Fairness Act in Congress. A Better Balance, a national advocacy organization, played a pivotal role in spearheading this movement, working tirelessly alongside a diverse coalition of partners, worker advocates, and maternal health champions.
Recognizing the urgency of the issue, A Better Balance championed both state-level protections for pregnant workers and the passage of the federal Pregnant Workers Fairness Act in Congress. They fought tooth and nail, year after year, to ensure that pregnant workers across the country were afforded the rights and accommodations they deserved. Their efforts bore fruit when the PWFA was sponsored by Rep. Jerrold Nadler, Rep. John Katko in the House, and Sen. Bob Casey, and Sen. Bill Cassidy in the Senate.
A Historic Civil Rights Victory
Finally, in December 2022, the Pregnant Workers Fairness Act was included in the FY 2023 omnibus spending package and signed into law by President Biden on December 29, 2022. This momentous occasion marked a historic civil rights victory, paving the way for a brighter future for pregnant and postpartum workers across the nation.
Understanding the Pregnant Workers Fairness Act
The PWFA requires employers to provide reasonable accommodations to pregnant workers, such as modified work duties or break time. This ensures that pregnant workers can continue working while maintaining a healthy pregnancy. Here are a few more questions on what the Pregnant Workers Fairness Act is.
What Does the PWFA Entail?
The Pregnant Workers Fairness Act requires covered employers to provide “reasonable accommodations” to workers with known limitations related to pregnancy, childbirth, or related medical conditions. This means that employers must make necessary changes in the work environment or the way tasks are performed to allow pregnant workers to continue working while maintaining a healthy pregnancy. However, employers are not obligated to provide accommodations that would cause them “undue hardship”.
Scope of the PWFA
The PWFA is specific to reasonable accommodations and does not replace existing laws that prohibit pregnancy discrimination or guarantee other rights to pregnant workers. In fact, more than 30 states and cities already have their own laws in place to provide accommodations for pregnant workers. These state and local laws may offer additional protections that go beyond the federal PWFA, ensuring that pregnant workers are safeguarded at various levels.
Effective Date and Public Input
The PWFA went into effect on June 27, 2023. To ensure transparency and public involvement, the Equal Employment Opportunity Commission (EEOC) is required to issue regulations to implement the law. Before these regulations become final, the EEOC will solicit public input and feedback on the proposed version.
Protections and Prohibitions
Under the PWFA, covered employers are prohibited from treating pregnant employees or job applicants less favorably based on their pregnancy or pregnancy-related conditions. They are also forbidden from requiring employees to accept accommodations without a discussion, denying employment opportunities based on the need for accommodations, or retaliating against individuals for reporting or opposing discrimination2. The law aims to ensure that pregnant workers are treated fairly and have equal opportunities in the workplace.
Reasonable Accommodations and Examples
The heart of the PWFA lies in the requirement for employers to provide reasonable accommodations to pregnant workers. These accommodations are changes to the work environment or the way tasks are typically performed that enable pregnant workers to continue their jobs safely and comfortably. The law recognizes that each pregnancy is unique, and reasonable accommodations may vary depending on individual needs. Examples of reasonable accommodations include:
- Allowing the worker to sit or have access to a chair during their shift
- Providing closer parking spots to reduce the physical strain of walking long distances
- Offering flexible work hours to accommodate medical appointments or fatigue
- Ensuring appropriately sized uniforms and safety apparel
- Granting additional break time for bathroom breaks, meals, and rest
- Providing leave or time off for postpartum recovery
- Excusing pregnant workers from strenuous activities or exposure to unsafe compounds
Employers are obligated to provide these accommodations unless they would cause significant difficulty or expense, known as “undue hardship,” to their operations. The PWFA aims to strike a balance between protecting the rights of pregnant workers and recognizing the practical limitations faced by employers.
The PWFA and Existing Laws
The Pregnant Workers Fairness Act works in conjunction with existing federal laws that address pregnancy discrimination and provide accommodations for workers with disabilities. Title VII of the Civil Rights Act of 1964, enforced by the EEOC, protects workers from discrimination based on pregnancy, childbirth, or related medical conditions. It requires employers to treat pregnant workers the same as other workers with similar abilities or limitations.
The Americans with Disabilities Act (ADA), also enforced by the EEOC, prohibits discrimination against individuals with disabilities, which may include pregnancy-related conditions. Under the ADA, employers must provide reasonable accommodations to employees with disabilities, including those related to pregnancy, as long as the accommodations do not pose an undue hardship.
Other laws that may provide protections for pregnant workers include the Family and Medical Leave Act (FMLA) and the PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act). The FMLA provides job-protected, unpaid leave for certain family and medical reasons, including pregnancy and childbirth. The PUMP Act expands workplace protections for employees to express breast milk at work.
The Impact of the PWFA
The passage of the Pregnant Workers Fairness Act is a significant milestone in the fight for gender equality and workplace fairness. It ensures that pregnant workers are no longer forced to choose between their health and their livelihoods. By mandating reasonable accommodations, the PWFA empowers pregnant individuals to continue working while maintaining a healthy pregnancy and navigating the challenges of postpartum recovery.
A New Era of Protection for Pregnant Workers
The journey of the Pregnant Workers Fairness Act has been long and arduous, but it has resulted in a historic victory for pregnant and postpartum workers across the country. This legislation marks a step forward in achieving workplace equality and eradicating pregnancy discrimination.
The PWFA not only strengthens protections for pregnant workers but also sends a powerful message that no individual should have to choose between their health and their job. It sets a precedent for fair treatment and reasonable accommodations, ensuring that pregnant workers have the support they need to thrive in the workplace.
As we embrace this new era of protection for pregnant workers, we must continue to advocate for equality and push for further advancements in workplace policies. The Pregnant Workers Fairness Act is a testament to the power of advocacy and the importance of fighting for the rights of all individuals, regardless of their pregnancy status. Together, we can create a more inclusive and supportive work environment for everyone.
So let us celebrate this milestone and raise our glasses in honor of the Pregnant Workers Fairness Act – a triumph for women, families, and the economy alike!
Disclaimer: This article does not constitute legal advice. For specific guidance on your rights under the Pregnant Workers Fairness Act, consult a legal professional or refer to official resources.