Your Rights Under the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA), enacted in June 2023, provides essential protections for pregnant employees, ensuring they no longer have to choose between maintaining their job and safeguarding their health during pregnancy. This law mandates that employers offer reasonable accommodations, making it easier for pregnant workers or those recovering from childbirth to continue working safely.

Under the PWFA, workers who are pregnant or experiencing a condition related to pregnancy or childbirth, such as lactation or postpartum recovery, are guaranteed the right to reasonable workplace accommodations. These accommodations may include adjustments like lighter duties, additional breaks, a more flexible schedule, or temporary modifications to the work environment. Employers are required to work with employees to find suitable solutions unless those accommodations create undue hardship for the company.

Before the PWFA, many pregnant workers encountered significant challenges in obtaining necessary workplace support. While the Pregnancy Discrimination Act (PDA) prohibited discrimination based on pregnancy, it did not necessarily require employers to adjust an employee's duties. Similarly, the Americans with Disabilities Act (ADA) did not cover pregnancy, leaving many expecting workers without the accommodations they needed to remain on the job. The PWFA bridges these gaps, granting pregnant employees the right to request and receive reasonable adjustments.

The law also covers conditions that arise from pregnancy, such as gestational diabetes or complications during childbirth. The PWFA clarifies that accommodations are available not only during pregnancy but also during the recovery process or while managing any pregnancy-related medical conditions.

If a pregnant worker requires changes to their job, they have the right to request assistance from their employer. The PWFA requires employers to engage in an open dialogue to find a mutually agreeable solution. Whether a reduction in workload, adjusted hours, or modified duties is necessary, the law ensures that employees can continue working while prioritizing their health.

Navigating workplace rights, particularly during pregnancy, can feel overwhelming. The PWFA provides robust protections, and understanding these rights can help pregnant employees maintain job security and peace of mind. If workers believe their rights under the PWFA are being violated, consulting an experienced employment lawyer can help them explore legal options and advocate for the accommodations to which they are entitled.

The PWFA marks a significant advancement for pregnant workers. It encourages employees to assert their rights and seek accommodations that allow them to work comfortably and safely during this critical time. Whether planning for pregnancy, currently expecting, or recovering from childbirth, this law is designed to protect workers in the workplace. If you are pregnant and in need of legal guidance or believe that your employer is not complying with the law, please contact me for a free case consultation.