What is Pregnant Workers Fairness Act?
President Joe Biden has given his assent to the PWF bill on 29th December 2022. The employers are required to follow the procedure laid down in the act from 27th June 2023. The objective of the law is to promote equality in the workplace because pregnant women are treated unjustly at the workplace because of their pregnancy. Their pregnancy also affects the various decisions of employers.
Pregnant Workers Fairness Act is an
ew federal law that is made to protect employees from unlawful employment practices based on pregnancy, childbirth and other similar medical issues. The new law put an obligation on the “covered employers’’ to give reasonable accommodation to all Pregnant employees.
Duties of “Covered Employers” under Pregnant Workers Fairness Act
- It is one of the major duties of employers to not fire workers based on Pregnancy, Childbirth and related medical condition from their job. Earlier, when pregnant workers asked for accommodation, they are retaliated against or either forced to leave the job. The act along with providing reasonable accommodation also protects Pregnant employees against retaliation.
- The PWF stops employers from interfering in the individual’s rights that are enumerated in the PWF Act.
- He cannot ask the employee to leave when she requests another reasonable accommodation.
- Employers can’t deny hiring any pregnant worker just because she is pregnant and even if she is a capable candidate for the performance of such a job.
- The act further clarifies that the accommodation from the employers is valid unless it doesn’t provide undue hardship to him. The limitation is added so that Pregnant workers can’t take unjust advantage of the.
- Employers are required to revise their policies to comply with the provisions of the new.
Employers on whom Pregnant Workers Fairness Act is applicable
The act applies to both private and public sector employers provided they must have 15 or more employers working under him or having 15 or more federal agencies, labour organizations and employment agencies.
Other federal laws in the US that
may give workplace Protection to Pregnant Workers
Title VII of Civil Rights 1964
Although Title VII of the civil rights act of 1964 was made to protect pregnant employers from discrimination, PWFA is the manifestati
on of that Act that is made to enhance the protection of pregnant workers.
American with Disabilities Act 1990
Under the Americans with Disabilities Act, pregnant workers can receive reasonable accommodation from their employers if their pregnancy falls within the dis
abilities. pregnant workers have to prove their disabilities to get the benefit of accommodation under the ADA whereas the PWFA Act gives protection to all pregnant working employees irrespective of the fact that their pregnancy condition comes within the definition of disability.
Family and 1993
Family and medical leave act 1993 is another act where pregnant workers may ask for help. Under this act, job protection is given to workers who want to leave because of any medical issue or family problem.
PUMP 2023
The providing urgent maternal protections for nursing mothers act which is popularly known as PUMP also talks about workers’ protection in the workplace.
Effect of Pregnant Workers Fairness Act
Almost 30 states in the USA already had pregnant women accommodation at workplace laws. The act doesn’t affect the existing local, state and federal laws related to the protection of pregnant workers at work.
The nature of the PWF Act is prospective. The pregnant worker can complain under this act only if she is discriminated against at the workplace or subject to unjust treatment on and after 27th June 2023 at the workplace. They can take the accommodation that is asked before 27th June 2023 under the local, federal and state laws relating to their protection.
Public input on PWFA
The best part of the act is that the public can give their input and comment on the regulation before it came into effect. The equal employment opportunity commission or EEOC will issue the Pregnant Workers Fairness Act regulation for input.