Practical Law Glossary Item w-038-6325 (Approx. 4 pages)
Glossary
Pregnant Workers Fairness Act (PWFA)
A federal law, effective June 27, 2023, that:
Requires covered employers to grant reasonable accommodations to qualified applicants and employees with known limitations related to pregnancy, childbirth, and related medical conditions.
Prohibits discrimination against qualified job applicants or employees because of their need for a pregnancy-related accommodation.
The federal government as a covered employer in the executive and legislative branches.
State and local employers covered by Title VII.
The PWFA prohibits:
Failing to make reasonable accommodations to the known limitations related to a qualified employee's pregnancy, childbirth, or related medical conditions, unless the employer demonstrates that the accommodation would impose an undue hardship on the employer's business operations.
Requiring an employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than a reasonable accommodation arrived at through an interactive process.
Denying employment opportunities to a qualified employee based on the employee's need for a reasonable accommodation to the employee's known limitations related to pregnancy, childbirth, or related medical conditions.
Requiring a qualified employee to take paid or unpaid leave if another reasonable accommodation can be provided.
Taking an adverse action in terms, conditions, or privileges of employment against a qualified employee for requesting or using a reasonable accommodation.
Retaliating against an individual for opposing an unlawful employment action or engaging in activity protected under the statute.
The PWFA incorporates definitions, powers, remedies, and procedures from Title VII and the Americans with Disabilities Act (ADA), including:
The definitions of "reasonable accommodation" and "undue hardship" from the ADA.
The procedures and time frames from Title VII for exhausting administrative remedies.
The remedies from Title VII, including the same caps on compensatory and punitive damages based on an employer's size.