A bill signed late last year by President Biden, designed to ensure workplace accommodations for pregnant employees, will officially become law next week.
The Pregnant Workers Fairness Act, which was passed in Congress by large margins as part of the Consolidated Appropriations Act of 2023, applies to workplaces with 15 or more employees.
The bill is modeled after the landmark Americans with Disabilities Act of 1990.
According to the official description of the legislation, the bill’s goal is to “eliminate discrimination and promote women’s health and economic security,” via the establishment of accommodations allowing pregnant women to work.
Such accommodations, according to labor analysts, include offering the ability to sit or drink water, an important requirement in factory settings, as well as providing flexible work hours, and allowing for additional break time to use the bathroom, eat, or rest.
Employers must have a discussion in good faith with employees regarding any requested accommodation. But at the same time, employers may be allowed to deny an accommodation request if they can prove that that request would place an undue hardship on business operations.
The Pregnant Workers Fairness Act applies only to workplace accommodations. According to the federal Equal Employment Opportunity Commission, existing laws are already in place making it illegal to fire a workers based on the mere fact of a pregnancy, childbirth, or any other related medical condition.
According to sources, nearly two-third of the states have to date passed laws similar to the Pregnant Workers Fairness legislation.
By Garry Boulard
