As of Tuesday, new legislation is in effect that requires employers to provide reasonable accommodations to pregnant workers.
“It’s one of the most significant improvements in worker protections in years,” said Senate Majority Leader Chuck Schumer (D-N.Y.) of the Pregnant Workers Fairness Act in a tweet.
What does the law do?
According to a House Committee on Education and Labor Report on the PWFA “reasonable accommodation” include: the ability to sit or drink water; parking close to the workplace; flexible hours; appropriately sized uniforms and safety apparel; additional break time and time off to recover from childbirth. The act also requires employers allow pregnant workers to excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.
Employers may be exempt from these accommodations if they cause an “undue hardship” – a significant difficulty or expense.
These new rules protect employees and applicants of private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations. Employers that are impacted by the law are called “covered employers.”
Per the U.S. Economic Employment Opportunity Commission, covered employers are now allowed to force employees to accept accommodations without a discussion about the accommodation, deny a job or other employment opportunities based on reasonable accommodation needs or force employees to take leave rather than another accommodation. PWFA also prevents them from retaliating against an individual for participating in PWFA related activities, such as an investigation, or interfering with PWFA rights.
Late last year another law – the PUMP for Nursing Mothers Act – went into effect and required employers to provide time and space for employees to pump breast milk.
Other existing laws enforced by the EEOC already make illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions. Additionally, the commission noted that the PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions.
Related
Related
