The Equal Employment Opportunity Commission (EEOC) recently filed its first lawsuit under the Pregnant Workers Fairness Act (PWFA). The lawsuit claims that Wabash, a national manufacturing company, failed to accommodate an employee’s pregnancy-related limitations, even though the accommodations were comparable to those offered to non-pregnant workers with disabilities. This groundbreaking case highlights the importance of ensuring compliance with this new law, which went into effect in June 2023.
The PWFA requires employers with 15 or more employees to accommodate pregnant workers in ways similar to those for workers with disabilities under the Americans with Disabilities Act (ADA). Accommodations may include:
- Allowing workers to sit or drink water
- Providing closer parking spaces
- Offering flexible working hours
- Providing appropriately sized uniforms and safety gear
- Allowing additional breaks for bathroom, eating, and rest
- Excusing workers from strenuous or unsafe activities
- Providing leave or time off for childbirth recovery
It is critical for employers to engage in an interactive process with employees to determine suitable accommodations rather than forcing unpaid leave or denying requests.
Contact our team at info@mnklawyers.com if you need help to review your accommodations policy, train your HR team on PWFA requirements, or need a consultation to ensure your business is in compliance with the PWFA.
