On June 27, the Pregnant Workers Fairness Act (PWFA) went into effect obligating employers with 15 or more employees to provide accommodations to their pregnant employees.
Here’s what the PWFA provides, and similar obligations California law imposes on employers with five or more employees.The PWFA added a new right to Title VII, the federal workplace discrimination law. Federal law already prohibited employment discrimination based on pregnancy, childbirth, or related medical conditions. The new law:
Prohibits an employer from requiring a pregnant employee to take paid or unpaid leave if another reasonable accommodation is available for her known pregnancy-related limitations; and A “known limitation” of pregnancy means one “the employee or employee’s representative has communicated to the employer whether or not such condition meets the definition of disability” under the Americans with Disabilities Act . The law defines “undue hardship” as a “significant difficulty or expense” for the employer, just as the term is defined under the ADA.
an employer must provide a pregnant employee with a reasonable accommodation upon the employee’s request upon the advice of her health care provider;
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