Credit: New Africa/Adobe Stock Pregnant Workers Fairness Act Delivers New Obligations for Employers
In this article, Christopher J. Collins and Lindsay C. Stone summarize the key features of the Pregnancy Workers Fairness Act, highlight areas that will require special attention and provide practical suggestions for compliance.
November 03, 2023 at 10:00 AM
8 minute read
On June 27, 2023, the federal Pregnant Workers Fairness Act, 42 U.S.C. §2000gg, et seq. (the PWFA) went into effect. The PWFA is intended to fill a gap in existing federal law by explicitly requiring covered employers (those with 15 or more employees) to provide reasonable accommodations to qualified applicants and employees related to pregnancy, childbirth or a related medical condition.
Many New York employers initially greeted the PWFA with a big yawn, since New York state and city laws have long required reasonable accommodation of pregnancy- and childbirth-related limitations. However, on Aug. 6, 2023, the EEOC proposed extensive regulations with voluminous accompanying guidance (the Proposed Regulations) outlining far-reaching implications for the PWFA beyond what was expected upon the law's passage. See 88 Fed. Reg. 54,714 (Aug. 11, 2023).
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