The Pregnant Workers Fairness Act
By: Tj Walsh
Tags: Employees, Employee Benefits, Employment, Employment Law, Employee Engagement

Thirty-one states and the District of Columbia have passed laws that require employers to make reasonable accommodations needed by workers and job applicants for pregnancy, childbirth and related conditions. The Pregnant Workers Fairness Act (PWFA,) would bring these protections to all American workers, with a model similar to the Americans With Disabilities Act (ADA) that helps people stay in their jobs without being unduly burdensome to employers. The legislation passed the House of Representatives with bipartisan support and is likely to pass in the Senate and be signed into law by President Biden. Businesses will need to make changes in their policies and procedures achieve compliance and avoid exposure to costly litigation. That’s why is it’s important to consult with an experienced Florida and California employment lawyer on a regular basis to ensure that your employment practices are up to date. Contact the Walsh Law Firm at 954–520–7039 for a discussion on how this may affect your business.

What Does The Pregnant Workers Act Require From Employers?

The Bill is intended to strengthen protection for pregnant workers, shoring up gaps in the Pregnancy Discrimination Act (PDA,) the Americans with Disabilities Act (ADA,) and Title VII of the Civil Rights Act of 1964. The goal is to accommodate all pregnant workers, not just employees with pregnancy complications. Some examples of the types of accommodations that would expected are:

Providing a seat for a pregnant retail worker that’s experiencing swollen feet due to pregnancy;

Allowing more frequent bathroom breaks;

Modification of a “no food or drink” policy due to the danger from dehydration during pregnancy;

Reassignment of heavy lifting to other workers for a portion of the pregnancy and

Offering desk duty to a pregnant police officer that does not have access to a properly fitting bulletproof vest.

Similar to the ADA standard, an employer would not be required to provide an accommodation that causes an undue hardship. For example, providing a stool to a cashier would be a reasonable accommodation, but an employer would not be required to offer an administrative back office position due to pregnancy. If the bill is passed, employers should be sure to speak to an experienced California and Florida employment attorney about updating their policies. Contact the Walsh Law Firm at 954–520–7039 for a free consultation.

California Laws Are A Blueprint

California has some of the strongest protections for pregnant workers in the United States and was one of the first states to pass explicit protections for pregnant workers. The California statute has many of the same provisions as the Pregnant Workers Act, and also requires employers subject to the law to give pregnant workers a leave of up to four months for pregnancy, childbirth and related conditions, and the worker may not be required to utilize accrued vacation time. It also specifies that health insurance must remain in place during the leave time without downward modification, but can the employer can recover the money spent on premiums if the employee fails to return to work after the leave period has expired. In January, 2020 California’s labor code was amended to require that a lactation room must include a surface large enough to place a breast pump, a place to sit comfortably and a refrigerator or cooler for storing the milk. It requires employers to have a written lactation policy that is provided to employers upon hiring and printed in the company handbook. California law also protects workers through an amended definition of sex in the California Fair Employment and Housing Law (FEHA) that prohibits breastfeeding discrimination in the workplace.

California and Florida Employment Attorney

If you run a business, it’s important to ensure that you’re in compliance with all federal and state employment laws to avoid fines and expensive litigation. Employment laws are constantly changing, so it’s important to hire an experienced employment lawyer that can audit your policies to make sure they’re up to date. Contact the Walsh Law Firm at 954–520–7039 for more information.