New Federal Pregnancy Protections: What Employers Need to Know

Adam Hamel

Understanding Your Responsibilities Under the PWFA

The Pregnant Workers Fairness Act (PWFA) went into effect in June 2023, marking a significant advancement in workplace protections for expectant mothers. This new legislation aims to ensure that pregnant workers receive reasonable accommodations to support their health and well-being while on the job.

The PWFA goes beyond existing laws like the Americans with Disabilities Act (ADA). While the ADA requires employers to provide reasonable accommodations for workers with disabilities – including pregnancy-related conditions – it doesn’t mandate accommodations for the normal physical limitations experienced during pregnancy. The PWFA closes that gap.

Types of Accommodations Available Under the PWFA

The PWFA requires employers to provide reasonable accommodations for qualified pregnant employees unless doing so would pose an "undue hardship" on the business. This includes a range of potential adjustments, tailored to individual needs, such as:

• Adjusted Break Schedules: Offering more frequent or longer breaks for hydration, restroom use, or meals.

• Seating: Providing a chair or stool for tasks that traditionally require prolonged standing.
• Modified Dress Code: Adjusting uniform or dress code requirements for comfort and safety during pregnancy.
• Lifting Restrictions: Modifying or eliminating heavy lifting requirements, depending on the employee’s capabilities and tasks.
• Work Schedule Adjustments: Offering flexible start and end times, or allowing for part-time work arrangements where feasible.
• Remote Work Options: Exploring opportunities for remote work when the job duties permit.
• Temporary Leave: Granting temporary leave for pregnancy-related needs, such as doctor appointments or prenatal care.

Importantly, the PWFA allows for temporary suspension of one or more essential job functions as a reasonable accommodation, a key distinction from the ADA.

The Interactive Process

Crucially, the PWFA emphasizes a collaborative process between the employee and employer to determine suitable accommodations.

This "interactive process" requires both parties to engage in good faith discussions to identify solutions that meet the employee’s needs without imposing undue hardship on the employer.

Employers cannot force employees to accept accommodations not mutually agreed upon. Equally, employers cannot compel unpaid leave as the sole alternative when other accommodations allowing the employee to continue working exist.

Employers seeking to deny a specific accommodation request bear the burden of proving that providing it would result in "undue hardship" – defined as significant difficulty or expense.

Additional Protections in New Hampshire

In addition to federal PWFA protections, pregnant workers in New Hampshire enjoy robust safeguards under RSA 354-A:7, the state’s anti-discrimination law. This law explicitly prohibits discrimination based on sex, encompassing pregnancy and related medical conditions.

RSA 354-A:7 makes it illegal for New Hampshire employers with six or more employees to deny employment to a pregnant applicant or to fire or discriminate against an employee because of their pregnancy.

Recommendations for Employers

To ensure compliance with the PWFA and maintain a supportive workplace for pregnant employees, employers are urged to take the following steps:

• Review Internal Policies: Carefully examine existing handbook policies and ensure they accurately reflect and upholdPWFA provisions.

• Stay Informed: Regularly review updates and guidance from the Equal Employment Opportunity Commission (EEOC) on PWFA implementation and best practices.

• Foster Open Communication: Encourage open dialogue between supervisors and employees.

• Train Management: Equip managers with the knowledge and skills to handle accommodation requests effectively and ethically.

– How does the‌ Pregnant ⁤Workers Fairness ⁤Act (PWFA) differ from the Americans with Disabilities Act (ADA) in providing protection for pregnant‌ workers?

‌## New⁤ Federal Pregnancy Protections: ‍What Employers Need to Know

**Host:** Welcome back to the show. Today, we’re talking about a new law that’s making waves in the workplace – ​the Pregnant Workers Fairness⁣ Act. With us to discuss its implications‌ for employers is Adam Hamel, a leading expert in‌ employment law. Adam, thanks for ​joining us.

**Adam⁣ Hamel:**⁢ Thanks ‌for having me. It’s great to ⁣be here.

**Host:** Let’s start‌ with the basics. What exactly is the Pregnant ‌Workers Fairness Act, and why is it so significant?

**Adam Hamel:** ⁣The PWFA, which ​went into effect in June 2023, [[1](https://www.nhbr.com/what-to-know-about-pregnant-workers-fairness-act/)]⁣ is a landmark piece of‍ legislation​ that aims​ to ensure pregnant workers ⁤receive reasonable accommodations on the job. This means employers are now‍ legally required to provide adjustments to ⁣help expectant mothers stay healthy and safe throughout their pregnancies, unless doing so⁣ would cause ⁣an “undue hardship” on the business.

⁣**Host:** ⁢ Interesting. So, how ⁤does this differ from existing laws, like the Americans with Disabilities⁣ Act?

**Adam Hamel:** That’s a great question.​ The ​ADA does offer‍ some protection for pregnant workers, ‌but it requires that pregnancy-related limitations be considered a disability. The PWFA closes this gap by specifically ⁢addressing the needs ⁤of pregnant workers, regardless‌ of ⁣whether ⁢their condition meets ​the definition of a disability.

**Host:** ​Can ‍you give us some specific examples of the types of accommodations employers might need to provide?

**Adam Hamel:** Absolutely. Think of things​ like adjusted break schedules for frequent restroom use, seating options ‍for jobs that require​ prolonged standing, modified ⁣dress codes ​for comfort, lifting restrictions, or even temporary work-from-home arrangements if feasible. ​ The ‌PWFA⁤ even allows for the temporary suspension of certain ​essential job functions, which is‍ different from what the ADA allows. It’s ‌really about finding solutions that work for both the employee and ⁢the employer.

**Host:** That makes sense. But what about this “interactive ‍process” you ‌mentioned? How does that work in ⁢practice?

**Adam Hamel:** The PWFA emphasizes open communication ⁣and‌ collaboration. It requires ⁢employers and pregnant employees to engage in good ⁤faith discussions to ⁢determine what accommodations are needed and feasible. It’s not a one-sided decision. ⁣ Both parties need​ to work together to⁢ find solutions that are⁢ mutually agreeable.

**Host:** Alright, Adam, ⁤this has been incredibly‍ insightful. For employers out ‍there who might⁢ be feeling a bit overwhelmed ⁢by these new requirements, ⁤what’s your biggest piece of ​advice?

**Adam Hamel:** My advice is don’t wait. Don’t be reactive.‌ Start ‌now by educating yourself about the PWFA. Review your company’s policies ​and practices and make sure⁤ they are compliant.⁢ Most importantly, foster a culture of⁤ open communication and support ​within your‌ workplace. Remember, creating a fair and inclusive environment for all employees, including pregnant women, is not only the⁣ right thing to do,⁤ it’s the‌ law.

**Host:** Excellent advice, Adam. Thank you​ so much for⁢ sharing your expertise with us today. To our viewers,​ be sure⁣ to check‍ out the resources on our⁢ website for more⁢ information on the PWFA. We’ll be right back after this quick break.