The U.S. Equal Employment Opportunity Commission (EEOC) maintains that pregnancy, childbirth, and related medical conditions are protected characteristics under federal law, prohibiting employers from taking adverse actions against employees based on these statuses. Under the Pregnant Workers Fairness Act (PWFA) and the Pregnancy Discrimination Act (PDA), employers must provide reasonable accommodations for known limitations related to pregnancy, unless doing so would impose an undue hardship on the operation of the business.
Federal Protections Against Pregnancy Discrimination
The Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. According to the EEOC, this law requires that women affected by these conditions be treated in the same manner as other employees who are similar in their ability or inability to work.
Discrimination under this act includes:
- Refusing to hire a pregnant applicant due to her condition.
- Firing or demoting an employee because she is pregnant.
- Forcing an employee to take leave when she is still able to perform her job duties.
- Treating pregnancy-related conditions differently than other temporary medical disabilities in terms of leave or benefits.
Understanding the Pregnant Workers Fairness Act
While the PDA focuses on preventing disparate treatment, the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023, requires covered employers to provide "reasonable accommodations" to employees for known limitations related to pregnancy, childbirth, or related medical conditions.
As noted by the Department of Labor, a "known limitation" is defined as a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or their representative has communicated to the employer. Employers cannot require an employee to take leave if another reasonable accommodation can be provided that would allow the employee to keep working.
What Constitutes an Undue Hardship?
Under the PWFA, an employer is not required to provide an accommodation if it causes an "undue hardship," defined as significant difficulty or expense in relation to the size, resources, and structure of the employer’s business.
The EEOC regulations clarify that the assessment of undue hardship is fact-specific. Employers must engage in a "good faith" interactive process with the employee to identify effective accommodations. This process is similar to the requirements under the Americans with Disabilities Act (ADA), which has governed workplace accommodations for decades.
Common Questions About Workplace Rights
Does the PWFA apply to all employers?
The PWFA applies to employers with 15 or more employees, including state and local government agencies, employment agencies, and labor organizations.
What are examples of reasonable accommodations?
Accommodations often include minor adjustments such as additional restroom breaks, seating, modified work schedules, remote work options, or temporary reassignment of strenuous duties.
How does this interact with the FMLA?
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. Unlike the PWFA, which focuses on accommodations to remain on the job, the FMLA focuses on time away from the workplace. These laws often overlap, and employees may be entitled to protections under both.
Employers are encouraged to review the EEOC’s technical assistance documents to ensure that internal policies regarding maternity leave and postnatal recovery comply with current federal standards. Failure to adhere to these mandates can result in formal charges of discrimination and potential litigation.
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