Potential accommodations to be required include changing a work schedule such as having shorter hours, part-time work or a later start time. Image: loreanto/Shutterstock.com
The EEOC has issued reminders that June 27 is the effective date of the Pregnant Workers Fairness Act, which adds to the workplace protections enforced by that agency for federal employees along with workers of private sector companies with at least 15 employees.
The law requires those employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer an “undue hardship.”
The provisions, enacted late last year as part of a budget measure, focus on accommodations since prior law already makes it illegal to fire or otherwise discriminate against workers based on pregnancy, childbirth or related medical conditions, the EEOC said.
Complaints about employer actions occurring before the effective date will be analyzed under those laws—including the Americans with Disabilities Act, the Family and Medical Leave Act and the Civil Rights Act—while complaints about actions afterward will be analyzed under the PWFA as well as those laws, it said.
While implementation regulations are still to come, it gave as examples of potential accommodations to be required under the law including offering additional, longer or more flexible breaks to eat, drink, rest or use the bathroom; changing a work schedule such as having shorter hours, part-time work or a later start time; changing food or drink policies to allow a worker to have a water bottle or food at a work station; providing closer parking; and excusing the employee from strenuous activities or exposure to chemicals deemed not safe for pregnancy.
It also noted that under the law covered employers may not, among other things, deny a job or other employment opportunities based on the person’s need for an accommodation; or retaliate against someone for reporting or opposing a violation of the law or for participating in a PWFA proceeding such as an investigation into an alleged violation.
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