The Pregnant Workers Fairness Act 

The Pregnant Workers Fairness Act (PWFA) is in full effect. If you employ 15 or more people, this law applies to you, and the consequences of noncompliance are serious. The Equal Employment Opportunity Commission (EEOC) is already accepting charges for violations under the PWFA, and it’s critical that you take action now. Failure to accommodate pregnant workers or mishandling requests for accommodations could put your business at significant legal risk. It’s time to act before you find yourself in the middle of a costly lawsuit.

Reasonable Accommodation

Under the PWFA, covered employers must provide reasonable accommodations to employees or applicants with known limitations due to pregnancy, childbirth, or related medical conditions. Unlike other pregnancy discrimination laws, the PWFA focuses specifically on accommodations, such as modifying schedules, offering more frequent breaks, or adjusting duties to account for physical limitations.

What’s considered “reasonable”? The law provides several examples, but ultimately, you must work with the employee in a process known as the “interactive process” to determine what works best for both parties. Ignoring or delaying accommodation requests is a dangerous game. Failure to act opens the door to legal complaints—and let’s be clear, those complaints can lead to significant penalties.

Employers are also forbidden from requiring workers to take leave if another reasonable accommodation can keep them working. The law is designed to keep pregnant employees on the job, with modifications that don’t impose an “undue hardship” on the employer.

Avoid Missteps

The PWFA requires that employers engage in a dialogue with employees who request accommodations. This is called the “interactive process,” and it’s not something you can ignore or delegate without care. When a worker notifies you that they need adjustments due to pregnancy or related conditions, your immediate response matters.

Engage quickly, listen, and document everything. This is not the time to be evasive or dismissive. Doing so could trigger claims of retaliation or discrimination. Under the PWFA, employees are protected from any form of punishment for requesting accommodations, reporting non-compliance, or participating in investigations.

Supervisors, especially those on the front lines of handling these requests, need thorough training. Without it, they’re more likely to mishandle a request or worse, retaliate, which could be catastrophic for your business. Don’t let ignorance of the law become your downfall.

The Takeaway

State and local laws may also add additional layers of protection. Over 30 states and cities have their own accommodations for pregnant workers. The last thing you want is to be blindsided by a complaint you thought you’d addressed by following only federal regulations. Employers must be in compliance across the board, from federal statutes to state and local ordinances. Failing to account for all applicable laws is a surefire way to end up in court.

Don’t wait until you’re staring down the barrel of a legal claim. Call Chris at Agenzia for legal guidance on training your teams, implementing processes, and protecting your business from costly lawsuits.