The Federal Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) is a groundbreaking civil rights law that aims to protect the rights of pregnant and postpartum workers in the United States. This act ensures that pregnant workers are not forced to choose between their health and their job, and guarantees them the right to reasonable accommodations in the workplace. In this comprehensive guide, we will explore the key provisions of the PWFA, the problem it addresses, the rights it provides, and the impact it has on workers.
What is the Pregnant Workers Fairness Act?
The PWFA is a landmark law that grants pregnant and postpartum workers the right to reasonable accommodations for known limitations related to pregnancy, childbirth, and related medical conditions. It ensures that pregnant workers are not discriminated against or retaliated against in the workplace. The PWFA closes a significant gap in existing federal laws, which previously left many pregnant workers without legal protections if they needed accommodations to prevent health complications and continue working.
The Problem the PWFA Addresses
Before the passage of the PWFA, pregnant and postpartum workers faced numerous challenges in the workplace. Existing laws, such as the Pregnancy Discrimination Act and the Americans with Disabilities Act, provided limited protections and often required workers to prove that they were treated differently from similarly-situated employees. This created a significant barrier for pregnant workers seeking accommodations. Many workers who needed accommodations related to pregnancy were forced off the job and faced financial instability.
Rights Under the PWFA
Under the PWFA, pregnant and postpartum workers have the right to reasonable accommodations, unless providing such accommodations would pose an undue hardship to the employer. Reasonable accommodations may include light duty, temporary transfers to less physically demanding positions, flexible breaks, changes to food and drink policies, changes to work schedules, and more. The law covers a wide range of needs related to pregnancy, childbirth, and related medical conditions, including lactation.
The Interactive Process
The PWFA requires employers to engage in a good-faith interactive process with workers seeking reasonable accommodations. This process involves discussing the worker’s needs and exploring possible accommodations that could meet those needs. Employers must promptly respond to accommodation requests and should not retaliate against workers for requesting or using accommodations. The interactive process ensures that workers have a voice in determining the accommodations that will best support their health and ability to work.
Who Does the PWFA Protect?
The PWFA protects workers who are employed by private employers with at least 15 employees, as well as government employees. It covers full-time, part-time, temporary, and seasonal workers, as well as individuals applying for jobs. The law aims to provide equal protection to all pregnant and postpartum workers, regardless of their employment status.
State and Local PWFA Laws
In addition to the federal PWFA, many states and cities have implemented their own laws to protect pregnant workers. These state and local laws often provide additional protections and accommodations beyond what is required by federal law. As of December 2020, 30 states and 5 cities have enacted stronger protections for pregnant workers. A Better Balance, an advocacy organization, has played a significant role in advancing these state-level protections and advocating for the federal PWFA.
Related Law: California’s Pregnant Worker’s Protections and Rights
Enforcing the Rights of Pregnant Workers
A Better Balance has been at the forefront of providing legal assistance to pregnant workers who have faced discrimination and lack of accommodations in the workplace. The organization has helped thousands of workers secure their rights and has successfully litigated cases against major corporations. A Better Balance also files amicus briefs in support of pregnant workers and pregnancy accommodation laws, further strengthening the legal landscape for pregnant workers’ rights.
The Impact of the PWFA
The passage of the PWFA marks a significant milestone for gender, racial, and economic justice in the United States. By ensuring that pregnant and postpartum workers have the right to reasonable accommodations, the PWFA promotes workplace equality and protects the health and well-being of workers and their families. The law recognizes the unique challenges faced by pregnant workers and establishes clear guidelines for employers to follow.
Conclusion
The Pregnant Workers Fairness Act is a vital piece of legislation that empowers pregnant and postpartum workers, ensuring that they have the necessary accommodations to protect their health and continue working. With the federal PWFA and state-level protections in place, pregnant workers are now better equipped to navigate the workplace without fear of discrimination or retaliation. A Better Balance and other advocacy organizations continue to fight for the rights of pregnant workers and promote workplace equality for all.
In cases of discrimination or wrongful termination, seeking legal guidance can help protect an employee’s rights and hold employers accountable for their actions.
Call Setyan Law at (213)-618-3655 for a free consultation.
