The Pregnant Workers Fairness Act Training Course

The Pregnant Workers Fairness Act (PWFA), passed in 2023, ensures that pregnant workers receive reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions unless it causes undue hardship for employers. This landmark legislation allows more pregnant workers to remain employed before and after childbirth.

The PWFA focuses on accommodations and does not replace other protective laws. It applies to private and public sector employers with 15 or more employees, federal government agencies, Congress, labor organizations, and employment agencies.

Reasonable accommodations include providing more opportunities to sit, flexible work hours, time off for medical appointments, properly sized uniforms, additional bathroom breaks, less physically demanding tasks, and protection from exposure to unsafe substances. Undue hardships, which are rare, occur when accommodations are significantly difficult or expensive to implement.

Employers must engage in discussions with affected employees before making accommodations and cannot refuse to hire or offer employment to avoid providing accommodations. Retaliation against workers for reporting or opposing discrimination or participating in investigations is prohibited. The PWFA, along with other federal laws, ensures protections against harassment, discrimination, and provides job-protected medical leave and accommodations for pregnancy-related conditions. Compliance helps retain valuable employees and avoid legal issues.