A new federal law known as the Pregnant Workers Fairness Act goes into effect June 27, 2023. The Act builds upon existing laws such as the Pregnancy Discrimination Act of 1978 and the Americans with Disabilities Act. Its primary objective is to protect pregnant workers from discrimination, ensure reasonable accommodations, and promote a healthy and supportive work environment during pregnancy and childbirth.

Key Provisions for Employers to Know:

Non-Discrimination: The Act prohibits employers from discriminating against employees or job applicants based on pregnancy, childbirth, or related medical conditions. There can be no discrimination in all aspects of employment decision-making, including hiring, promotion, discipline, and termination.
Reasonable Accommodations: Under the new Act, employers are required to provide reasonable accommodations to pregnant workers unless doing so would cause an undue hardship on the business (for which specific criteria should be weighed). Accommodations might include temporary changes to work duties, schedules, or working conditions to ensure the health and safety of pregnant employees. Employers small, medium, and large should engage in an interactive process with pregnant workers to assess and implement necessary accommodations.

Health and Safety: The new Act emphasizes the importance of maintaining a safe and healthy workplace for pregnant employees. Employers must address potential hazards that could adversely affect the health of pregnant workers, such as exposure to certain chemicals, heavy lifting, or prolonged standing. This may require thorough assessments of workplace conditions and adjustments to minimize risks to pregnant employees.

Employee Benefits: The new Act also covers employee benefits, including health insurance and maternity leave. It prohibits employers from denying or limiting health insurance coverage for pregnancy-related conditions. Additionally, employers must provide reasonable amounts of unpaid leave for medical conditions related to pregnancy and childbirth. Now is the time to review and update policies to ensure compliance with these provisions.

Compliance Tips for Small and Medium-Sized Business Owners:

Review and Update Policies: You should review your existing policies, employee handbooks, and employment contracts to ensure they align with the requirements of the new Act. Make any necessary updates to communicate the rights and protections available to pregnant workers.

Educate Managers and Supervisors: Train your managers and supervisors on the new Act's provisions, emphasizing the importance of non-discrimination and reasonable accommodations. Provide guidance on handling requests for accommodations and addressing potential hazards in the workplace.

Establish an Accommodation Process: Create a clear and transparent process for engaging in an interactive dialogue with pregnant employees regarding their accommodation needs. Document the discussions, decisions, and any accommodations provided or denied.

Seek Legal Guidance from an Experienced Attorney: If you have questions or concerns about the requirements of the federal Act, or other applicable laws, or need assistance with compliance more generally, consider consulting with an employment attorney at Erickson | Sederstrom specializing in employment laws and regulations. There are minefields in this area and a lot of subject matter to be covered in your policies and practices.