The Pregnant Workers Fairness Act: A New Era of Protections for Pregnant Employees

The Pregnant Workers Fairness Act (PWFA) marks a significant step forward in workplace protections for pregnant employees in the United States. Although several existing federal and state laws already prohibit discrimination based on pregnancy, the PWFA fills critical gaps by affirmatively requiring reasonable accommodations for pregnant workers. The law took effect on June 27, 2023, and the Equal Employment Opportunity Commission (EEOC) finalized its enforcement regulations on April 19, 2024, providing further clarity for both employees and employers.

Below, we explore the PWFA’s legislative history, its key provisions, the EEOC’s Final Rule, and how the PWFA compares to other federal and California laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and California’s Fair Employment and Housing Act (FEHA). If you are a Bay Area employee or employer dealing with pregnancy issues in the workplace, contact Richard Koss, Attorney at Law, to share your concerns with an experienced San Francisco pregnancy discrimination lawyer.

Legislative History and Purpose of the PWFA

For years, pregnant employees faced a patchwork of legal protections that often failed to guarantee accommodations in the workplace. Although Title VII prohibits pregnancy discrimination and the ADA requires accommodations for disabilities, pregnancy itself is not classified as a disability under the ADA, leaving many pregnant workers without clear rights to accommodations for pregnancy-related conditions.

In response, Congress passed the Pregnant Workers Fairness Act to specifically address this gap. The PWFA was signed into law by President Biden on December 29, 2022, as part of the Consolidated Appropriations Act, following years of bipartisan advocacy by worker protection groups and civil rights organizations.

The PWFA provides that covered employers must offer reasonable accommodations to employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship. This law shifts the legal framework from simply prohibiting discrimination to actively requiring employers to make workplace adjustments for pregnant employees.

How the PWFA Works

The PWFA applies to private and public sector employers with at least 15 employees. It requires covered employers to:

• Provide reasonable accommodations for employees with known pregnancy-related limitations.
• Engage in an interactive process with the employee to determine appropriate accommodations.
• Refrain from forcing an employee to accept an accommodation without collaborative discussion.
• Avoid requiring an employee to take leave if another reasonable accommodation can allow them to continue working.

Examples of reasonable accommodations might include providing additional breaks, modifying work schedules, allowing sitting instead of standing, or providing temporary job restructuring.

Importantly, the PWFA protects employees from retaliation for requesting accommodations or exercising their rights under the Act.

The EEOC Final Rule: Key Takeaways

On April 19, 2024, the EEOC published its Final Rule interpreting and implementing the PWFA. The regulation, which took effect on June 18, 2024, offers detailed guidance on employer obligations and employee rights under the new law.

Highlights of the Final Rule include:

• A broad interpretation of “known limitations,” which includes physical and mental conditions related to pregnancy, childbirth, or associated medical conditions. The limitation does not need to meet the definition of a disability under the ADA.

• Emphasis on predictable assessments, including four common accommodations that are presumed to be reasonable and unlikely to cause undue hardship in most cases: carrying water, taking additional restroom breaks, sitting or standing as needed, and taking breaks to eat and drink.

• A flexible, employee-centered approach to the interactive process, encouraging ongoing dialogue to find mutually agreeable solutions.

• Protections for employees recovering from childbirth and those experiencing related conditions, such as miscarriage, lactation needs, or pregnancy-related hypertension.

The Final Rule aims to ensure consistent enforcement of the PWFA and provides clear expectations for employers seeking to comply with the law.

How the PWFA Differs from Other Employment Laws

PWFA vs. Title VII of the Civil Rights Act

Title VII, as amended by the Pregnancy Discrimination Act (PDA) of 1978, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. However, Title VII primarily focuses on ensuring that pregnant employees are treated the same as other employees who are similar in their ability or inability to work.

The PWFA goes further by creating an independent right to reasonable accommodations specifically for pregnancy-related limitations. It does not rely on a comparison to other employees. Even if no other worker is accommodated, a pregnant worker can request and obtain adjustments under the PWFA.

PWFA vs. Americans with Disabilities Act (ADA)

The ADA requires reasonable accommodations for individuals with disabilities. However, pregnancy itself is not classified as a disability under the ADA, although complications arising from pregnancy could qualify.

The PWFA fills this gap by covering routine pregnancy-related needs that do not meet the ADA’s disability definition. Unlike the ADA, which often requires substantial limitations, the PWFA focuses on pregnancy-related conditions of any severity that may benefit from accommodations.

PWFA vs. California’s Fair Employment and Housing Act (FEHA)

California employees already enjoy strong protections under the Fair Employment and Housing Act (FEHA) and Pregnancy Disability Leave (PDL). FEHA prohibits discrimination and requires reasonable accommodations for pregnancy-related conditions, including those not classified as disabilities. PDL provides up to four months of protected leave for employees disabled by pregnancy, childbirth, or related conditions.

In many ways, California law already offered similar or stronger protections than those introduced by the PWFA at the federal level. For example:

• FEHA applies to employers with five or more employees, a lower threshold than the PWFA’s 15-employee minimum.

• California allows for both reasonable accommodations and protected leave for pregnancy, including intermittent leave for pregnancy-related disabilities.

• California’s lactation accommodation requirements exceed federal standards, requiring access to a clean, private space and reasonable break time for expressing breast milk.

While the PWFA introduces meaningful changes nationally, California workers will continue to rely primarily on FEHA and PDL, which remain among the most employee-friendly pregnancy protection laws in the country. However, the PWFA provides an additional layer of federal protection that complements state law.

Contact Attorney Richard Koss for Help With Pregnancy Issues in Your San Francisco Workplace

The Pregnant Workers Fairness Act marks an important advancement in federal employment law, guaranteeing that pregnant employees receive the accommodations they need to continue working safely and comfortably. With the EEOC’s Final Rule now in place, employers nationwide must carefully review their policies and procedures to ensure compliance.

For California employees, the PWFA offers added security, but many of the most robust rights are already well-established under FEHA and related state laws. Still, it’s valuable for both employers and employees to understand the interplay between federal and state protections.

If you have questions about how the PWFA or California’s pregnancy-related laws apply to your workplace, speaking with an experienced employment law attorney can help you navigate the nuances and protect your rights. On the San Francisco Peninsula and across the East Bay, contact Bay Area employment law attorney Richard Koss for practical advice and effective assistance.