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Stay ahead of the curve with the latest on the Pregnant Workers Fairness Act (PWFA), a crucial federal regulation that took effect on June 27, 2023. Signed into law on December 22, 2022, the PWFA is designed to protect and accommodate pregnant employees in the workplace.
This article breaks down what small to mid-sized business owners need to know about the PWFA to ensure compliance. We'll cover the key aspects of the Act, discuss its impact on your business operations, and highlight the potential penalties for applicable employers who are not in compliance. Additionally, we’ll provide a sample Pregnant Workers Fairness Act policy that you can adapt for your employee handbook.
The Pregnant Workers Fairness Act is a federal regulation, meaning that it applies to employers across the United States. Under the PWFA, “covered employers” must provide reasonable accommodations to employees who are pregnant or who are in the postpartum stage.
Discrimination against pregnant employees and applicants has been illegal nationwide for decades, but the PWFA adds an extra layer to an employer’s obligations to their workforce. Before the passage of the PWFA, this extra layer of protection for pregnant workers existed only at the state level.
The Pregnant Workers Fairness Act only applies to businesses that the Equal Employment Opportunity Commission (EEOC) considers “covered employers.” Covered employers are businesses that have at least 15 employees.
If you have fewer than 15 employees (especially if your company is growing), compliance with the PWFA may still be in your best interest. Compliance with the Act, even for very small businesses, can help mitigate legal risk centering around potential discrimination claims, and can help promote a positive workplace culture.
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As we’ve mentioned previously, the Pregnant Workers Fairness Act requires covered employers to provide “reasonable accommodations” to both employees and applicants who are pregnant or postpartum. In brief, a “reasonable accommodation” is any change to the work environment or the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.
You may already be familiar with the concept of reasonable accommodations, which are required by federal law for other protected employee traits, such as disability and religion.
In the context of pregnancy, the EEOC has laid out several examples of reasonable accommodations that employers may consider. These include providing pregnant and postpartum employees with:
Keep in mind that the above does not represent an exhaustive list of potential reasonable accommodations an employer may need to consider. Accommodations are fact-specific, and take into account the needs of the employee, the nature of the industry in question, and the feasibility of what the employer can provide.
For more information on what may be required of you under the Pregnant Workers Fairness Act, reach out to an experienced HR compliance expert.
As of June 2023, all covered employers are required to comply with the terms of the EEOC’s Pregnant Workers Fairness Act. Is your business up to speed? Do you have a Pregnant Workers Fairness Act policy in place? To review your compliance with the Pregnant Workers Fairness Act (as well as the other federal, state, and local regulations that apply to your business), schedule a consultation with Axcet HR Solutions.
We’re here to help you navigate the policy concerns that are relevant to you based on your geographic location, employer size, and industry. With your company’s unique culture in mind, we’ll work with you to craft employee policies and strategies that help you succeed.
Written by
Jennifer Barnes, SPHR is a seasoned HR business professional and program manager with a strong track record in employee relations, HR strategy, and compliance. Currently serving as a Human Resources Consultant at Axcet HR Solutions, Jennifer brings over a decade of experience leading HR initiatives that support organizational growth and operational excellence.
Prior to joining Axcet, she held strategic roles at companies like Chewy and Amazon, where she specialized in employee investigations, coaching for leadership teams, and KPI-driven program management. Her cross-industry HR expertise is further bolstered by a portfolio of respected credentials, including the Senior Professional in Human Resources (SPHR) and a Certificate in Data Analytics from HRCI. Jennifer is also a Belbin Team Roles Certified Practitioner, reflecting her passion for leadership development and effective team dynamics.
Beyond her corporate achievements, Jennifer has dedicated years to animal welfare causes, volunteering and fostering through the Lawrence Humane Society and previously with the Cayo Animal Welfare Society. With a commitment to strategic HR planning, data-driven decision-making, and compassionate service, Jennifer continues to make a meaningful impact in both her professional and community roles.
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