On June 27, 2023, a significant legislative shift occurred in the realm of employment law with the effectiveness of the Pregnant Workers Fairness Act (PWFA), impacting businesses employing fifteen or more individuals. The PWFA adds a fresh layer of protection for pregnant workers that are distinctly different from, and complimentary to, the benefits offered to Family and Medical Leave Act (FMLA) eligible employees.
According to Jaburg Wilk, the new law obligates employers to provide reasonable accommodations for pregnant employees unless it induces an undue hardship on the employer’s operations.
This new legislation demands an in-depth understanding from employers to ensure compliance. Law firms and legal departments across the nation must now assess what constitutes as ‘reasonable accommodations’ and what conditions could be deemed as ‘undue hardships’ by the employer. This may include considerations for physical alterations to the workspace, alterations to work schedules or other adjustments to assist pregnant employees without disrupting the workflow.
The legal landscape continuously evolves, and with this law’s implementation, businesses must stay updated on legislation changes and their implications as it weighs heavily on their operations and potential liability. It is now, more than ever, crucial for businesses to have a firm grasp of their obligations towards their employees under the new PWFA. Legal teams within corporations and law firms servicing such corporations must stay abreast with this development to avoid any potential non-compliance that could lead to potential legal ramifications.