Pregnant Workers Fairness Act

Embedded within the federal omnibus spending bill approved by Congress and signed into law by President Biden on December 23, 2022 was the new Pregnant Workers Fairness Act.  This new law creates federal protections for pregnant employees.  Specifically, the statute declares that it is an unlawful employment practice to:

• fail to make reasonable accommodations to known limitations of such employees unless the accommodation would impose an undue hardship on an entity's business operation;
• require a qualified employee affected by such condition to accept an accommodation other than any reasonable accommodation arrived at through an interactive process;
• deny employment opportunities based on the need of the entity to make such reasonable accommodations to a qualified employee;
• require such employees to take paid or unpaid leave if another reasonable accommodation can be provided; or
• take adverse action in terms, conditions, or privileges of employment against a qualified employee requesting or using such reasonable accommodations.

The statute sets forth enforcement procedures and remedies that cover different types of employees in relation to such unlawful employment practices.

The Equal Employment Opportunity Commission is required to provide examples of reasonable accommodations that shall be provided to affected employees unless the employer can demonstrate that doing so would impose an undue hardship, and will presumably publish the same to its website sometime in the coming year.