Pregnant Workers Fairness Act

Pregnant worker in warehouse with safety vest

6 days ago

The Equal Employment Opportunity Commission (EEOC) recently sent out a communication outlining the first of suits related to the Pregnant Workers Fairness Act (PWFA). The PWFA became effective June 27, 2023.

The first case related to a company that refused to excuse an employee’s absences for reasons related to conditions of pregnancy medical appointments related to the pregnancy, and required mandatory overtime from the employee. The company had an attendance point system and signified that if she had another absence, she would be terminated. Rather than being terminated, the employee quit. The EEOC stated that, “Employers should be on notice that since June 27, 2023, it has been illegal under the PWFA to deny reasonable accommodations to employees with known limitations related to their pregnancy, even if the employee is temporarily unable to perform an essential function of her job, provided that she will be able to perform that function in the near future.” The EEOC also highlighted that it is “…illegal to take adverse action against someone for requesting reasonable accommodation related to pregnancy, childbirth, or related medical conditions…”

In the second case, the employer did not allow an employee who had a high-risk pregnancy and was under doctor’s orders to sit, take breaks, and work part-time. The employer forced the employee to take unpaid leave instead. The employer also would not guarantee the employee would have time to express breastmilk once she gave birth. The EEOC’s attorney stated, “Federal law requires employers to reasonably accommodate pregnant employees absent an undue hardship.” The EEOC signified that in both these cases, the alleged conduct violated the PWFA which allows reasonable accommodation to pregnant workers, protects employees who “have recently given birth, or have related medical conditions.” The EEOC also cited violation of the Americans with Disabilities Act (ADA).

If you are unsure of how to determine what a reasonable accommodation is or how to work with a requested accommodation or if you are unsure of whether your current attendance policy could cause issues, Southwestern HR Consulting (SWHRC) can help. At SWHRC we can review your policies and help you walk through an employee’s request. Contact us today to speak with a representative and learn about our services.