The Pregnant Workers Fairness Act goes into effect June 27, 2023 and expands federal protections for pregnant workers. Under PWFA an employer cannot fail to make reasonable accommodations for an employee who has limitations due to pregnancy, childbirth, or other related conditions. An employer cannot deny employment based on the need to provide accommodation to the employee. The employer cannot require leave if there is another reasonable accommodation available. The employer cannot discriminate due to a request or use of an accommodation by an employee. The Act applies to employers with 15 or more employees. The employee must qualify for the reasonable accommodations. This is the same as reasonable accommodations for ADA. This can include such things as the ability to sit, flexibility of working hours, additional breaktimes are just a few examples. If the Act is not followed the employee has a right to a private action under the law.
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