The federal Pregnant Workers Fairness Act has recently come into effect, as of June 27, 2023. This legislation mandates that employers with 15 or more employees are to make reasonable adjustments to accommodate a worker’s “known limitation” that is associated with pregnancy, childbirth, or related medical conditions, as long as these adjustments do not result in undue hardship for the organization. A “known limitation” is one that has been communicated to the employer, either by the worker in question or by their representative.
This new legislation has profound implications for employers, many of whom are already grappling with how best to meet these new requirements while balancing organizational constraints. It is worth noting that one of the key aspects of the Act is the definition of “undue hardship” for employers. It aims to foster a culture where employers are more accommodating to the needs of their pregnant employees.
However, as with any new implementation of law, there are potential areas of comment for employers that need to be defined. These may include legal interpretations of “reasonable accommodations”, “known limitation”, and to what extent these adjustments might cause “undue hardship” to a business. As such it calls for careful interpretation and understanding to avoid undue ramifications.
Employers looking for more information on this subject and possible interpretations of this act would do well to read the comprehensive breakdown offered by Paul Hastings LLP, which can be found here.