The Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 protect workers in the United States from discrimination due to pregnancy, childbirth, and related medical conditions. Before 2023, however, employers had no federal legal obligation to provide workers with uncomplicated pregnancies with adjustments in the workplace that would allow them to keep working despite pregnancy-related limitations.
To help keep pregnant workers in the workplace and support them in the post-partum phase, Congress passed and President Biden signed the Pregnant Workers Fairness Act (PWFA) in 2022, which went into effect in 2023. Now, many employees are entitled to modifications in the workplace – known as reasonable accommodations – due to pregnancy, childbirth, and related medical conditions.
What is the scope of a pregnant employee’s right to accommodation?
The Pregnant Workers Fairness Act requires employers to provide reasonable accommodation to employees’ or applicants’ known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” 42 U.S.C. § 2000gg.
Qualifying limitations and medical conditions include past pregnancies, infertility treatments, and labor, the end of a pregnancy through miscarriage or abortion, endometriosis, high blood pressure, preeclampsia, chronic migraines, lactation, anemia, and postpartum depression. 29 C.F.R. § 1636. For example, an employee experiencing pregnancy-related migraines may be entitled to a reasonable accommodation under the PWFA.
An employee or applicant experiencing such pregnancy-related medical symptoms may be entitled to a reasonable accommodation if the employee can perform the essential functions of their job or the time period they will be unable to perform the essential functions is limited.
How should I request accommodations related to my pregnancy?
To obtain a reasonable accommodation, an employee should tell a manager or supervisor that they need a modification or change at work due to a pregnancy-related limitation or condition. Once notified, the employer must begin an interactive process with the employee to identify the appropriate accommodation. The interactive process should explore both the employee’s and the employer’s needs to identify a workable accommodation.
What kinds of workplace adjustments can I seek?
Qualified employees experiencing a limitation due to a pregnancy, childbirth, or a related medical condition may be entitled to varied modifications in the workplace. Pregnancy accommodation examples include:
- Breaks: a pregnant employee might need breaks due to shortness of breath; an employee recovering from childbirth might need more frequent restroom breaks or breaks due to fatigue because of recovery from childbirth; a lactating employee might need breaks for water or food, or to pump breastmilk
- Sitting/Standing: an employee experiencing pregnancy-related sciatica whose job is sedentary may need a sit/stand desk or anti-fatigue floor matting to vary their position and offset discomfort; a pregnant employee who stands during their job may need a stool to ease ankle swelling or foot pain
- Schedule changes: an employee undergoing fertility treatment may need a schedule change to attend appointments
- Telework: a pregnant employee on bed rest may require telework to continue performing their job despite medical restrictions
- Parking: a worker experiencing fatigue or limited mobility because of pregnancy, childbirth, or related medical conditions may need a reserved parking space
- Job restructuring: a pregnant employee who is normally required to climb a ladder or occasionally retrieve boxes from a supply closet may need this marginal function removed during pregnancy or the postpartum period
- Light duty: a pregnant worker may need an assignment to light duty or placement in a light duty program due to the normal limitations of pregnancy, or any unique limitations the worker may have
What if my employer punishes me for requesting a reasonable accommodation under the Pregnant Workers Fairness Act?
Under the PWFA, employers are prohibited from punishing an employee or applicant for requesting a reasonable accommodation. This includes a prohibition against retaliation, discrimination, termination, and other actions that harm a term or condition of employment, such as denying a training opportunity or issuing an unwarranted negative employment evaluation. In addition, it is unlawful for an employer to interfere with an employee’s request for a reasonable accommodation. For example, an employer may not ignore a reasonable accommodation request or unnecessarily delay or obstruct the process. Thus, if an employer begins treating an employee poorly after the employee requests a reasonable accommodation, that conduct may violate the PWFA.
Are all employers covered?
No. The PWFA applies to private and public-sector employers with fifteen or more employees.
Employees who are not covered by the PWFA may still have protections under state and local laws. Individuals working for employers not covered by the PWFA should consult an attorney licensed in their applicable jurisdiction.
Conclusion
When employers ignore accommodation requests from pregnant workers, delay action, or retaliate, they are not just acting unfairly, they may be violating the law. Because legal protections for workers who are, are seeking to become, or have recently been pregnant are complicated, consulting with an experienced employment discrimination attorney is wise. Be sure to contact an attorney early, as the PWFA and other employment discrimination laws have filing deadlines.
This article solely provides general information and is not intended as legal advice. If you need legal advice or representation, Atkinson Law Group may be able to help; you can contact us here for a consultation.