A new law that went into effect Tuesday may help prevent discrimination against the millions of pregnant and postpartum workers nationwide who require temporary accommodations to continue working.
In December, President Joe Biden signed the long-awaited Pregnant Workers Fairness Act (PWFA) into law, marking a significant milestone after years of effort to secure its passage in the Senate.
Starting Tuesday, the law enables workers to legally seek “reasonable accommodation” for pregnancy, childbirth, and associated medical conditions. According to a report from the National Partnership for Women and Families, this policy reform stands to positively impact approximately 2.8 million workers each year.
Under the law, pregnant and postpartum workers could be entitled to rights such as reduced workloads and safer tasks, flexible and shorter hours, extended and additional breaks, closer parking spaces, larger uniforms, bed rest time off and remote work options, as outlined by the Equal Employment Opportunity Commission (EEOC).
Employers are also required to engage in good-faith discussions with employees seeking reasonable accommodations, addressing their needs and identifying suitable accommodations, as detailed on the website of Better Balance, a nonprofit organization that has advocated for the law.
It is also illegal for an employer to deny a job opportunity based on the need for accommodation; force leave when alternative accommodations are available, retaliate against reports of discrimination, or interfere with PWFA rights, according to EEOC.
The law applies to private and public sector employers with a minimum of 15 employees, with one exception: employers may claim an exemption if accommodating a pregnant or postpartum worker would result in an “undue hardship” or “significant difficulty or expense” for the employer.
By the end of this year, EEOC will publish guidance on implementing the law and will be open to public input, NBC reports.
Prior to the PWFA, workers with medical requirements for pregnancy-related accommodations lacked legal protection and often found themselves compelled to leave their jobs, leading to financial instability, according to Better Balance.
According to the EEOC, a survey revealed that 23% of mothers considered leaving their jobs due to inadequate accommodation or fear of discrimination during pregnancy.
Previously, the Pregnancy Discrimination Act (PDA) of 1978 only granted accommodations if other employees in similar circumstances had received them. While the Americans with Disabilities Act (ADA) of 1990 outlines provisions for reasonable accommodations in cases of disabilities, it did not cover regular, non-disabling pregnancies.
In addition to the PWFA, eligible employees are already entitled to unpaid, job-protected leave under the Family and Medical Leave Act (FMLA) of 1993. Furthermore, the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) ensures workplace protections for employees to express breast milk at work.
More than 30 states and cities have laws that provide accommodations for pregnant workers. The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth or related medical conditions, according to EEOC.
The PWFA is particularly significant for over 1 million pregnant employees in the 20 states lacking state-level laws that grant the right to reasonable accommodations, according to the National Partnership for Women and Families.