SCMP Breaking News - Labor & Employment
Year 8, Vol. 5 - June 23, 2023
June 27, 2023, the recently enacted Pregnancy Workers Fairness Act (“PWFA”) will go into effect. The law will apply to employers with fifteen (15) or more employees and will require employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth, or related medical conditions.
Under the PWFA, the U.S. Equal Employment Opportunity Commission (EEOC) must issue regulations to carry out the law. However, the EEOC has not yet indicated when it will do so.
What protections does the PWFA provide?
Under the Act, employers (with 15 or more employees) will be required to provide reasonable accommodation for “the known limitations related to pregnancy, childbirth, and related medical conditions of a qualified employee.” This standard applies — as it does under the Americans with Disabilities Act — unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business.
The PWFA will prohibit employers from:
requiring covered employees to “accept an accommodation other than any reasonable accommodation arrived at through the interactive process”;
denying employment opportunities to covered employees based on the need to make reasonable accommodations;
requiring covered employees to take leave, whether paid or unpaid, if another reasonable accommodation can be provided;
taking adverse action in terms, conditions, or privileges of employment against covered employees who request reasonable accommodations; and/or
retaliating against employees for reporting or opposing unlawful discrimination under the PWFA.
What should employers do?
Review and update accommodation policies in compliance with the PWFA;
Train supervisors and the Human Resources Department to understand the requirements of the PWFA and to recognize potential requests for accommodations under the PWFA; and
Analyze what accommodations they could potentially provide to pregnant employees for known issues based on their industry.
SCMP will continue to monitor developments regarding this important article and will provide updates in our newsletter as new information becomes available.
If you have any additional questions, contact us at (787) 945-0380
Because of the general nature of this newsletter, nothing herein should be construed as legal advice or a legal opinion. SCMP Breaking News and all its content is property of Silva-Cofresí, Manzano & Padró, LLC
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