Employers Take Note: Pregnant Workers Fairness Act Goes Into Effect Today

The Pregnant Workers Fairness Act (PWFA) goes into effect nationwide on June 27, 2023.  Under the PWFA, employers must provide employees with accommodations for known limitations related to pregnancy, childbirth or related medical conditions unless the accommodation would cause the employer undue hardship.

While employers in many locales are already required to provide accommodations to pregnant employees, Congress passed the PWFA to close the gap in coverage between several existing federal laws and to create broader protections for pregnant workers and those who have recently given birth.  While the U.S. Equal Employment Opportunity Commission—the federal agency responsible for enforcing the PWFA—has  not yet issued guidance regarding enforcement of this new law, it expects to do so by December 29, 2023.  The Commission will nonetheless begin accepting charges alleging violations of the PWFA on the day of its enactment for conduct occurring on or after that date.

It is essential that employers swiftly comply with the PWFA, even ahead of published Commission guidance.  Our Labor & Employment Law team is available to help employers navigate their compliance with the PWFA and related statutes, and to provide counseling and assistance in addressing accommodation requests and updating employment handbook policies.