Labor and Legislative Alert: Federal Pregnant Workers Fairness Act Takes Effect

The Pregnant Workers Fairness Act (PWFA) is a federal law that prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. The PWFA was signed into law by the White House on December 29, 2022, and went into effect on June 27, 2023.

The PWFA expands the protections of the Pregnancy Discrimination Act (PDA), which was passed in 1978. The PDA prohibits discrimination against pregnant women in employment, but it does not require employers to provide reasonable accommodations to pregnant workers. The PWFA fills this gap by requiring employers to provide reasonable accommodations to pregnant workers, unless doing so would cause an undue hardship.

The PWFA defines a reasonable accommodation as any change in the workplace that is necessary to enable a pregnant worker to perform the essential functions of her job. This could include things like providing a modified work schedule, a lighter workload, or a different position.

The PWFA also prohibits employers from discriminating against pregnant women in the following ways:

• Firing or refusing to hire a pregnant woman.
• Demoting a pregnant woman.
• Paying a pregnant woman less than a non-pregnant woman for doing the same work.
• Denying a pregnant woman a promotion.
• Subjecting a pregnant woman to a hostile work environment.

If you believe that you have been discriminated against on the basis of pregnancy, childbirth, or related medical conditions, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces anti-discrimination laws. You can file a complaint online or by mail.

The EEOC will investigate your complaint and may take action against your employer, such as ordering them to pay you back pay, reinstate you to your job, or provide you with other relief.

The PWFA is an important law that protects pregnant women from discrimination in the workplace. If you believe that you have been discriminated against, you should contact the EEOC to file a complaint.