Pregnant Workers Fairness Act: Your Rights
On June 18, 2024, the U.S. Equal Employment Opportunity Commission’s (EEOC) final regulations for implementing the Pregnant Workers Fairness Act (PWFA) took effect. These regulations ensure that employers provide “reasonable accommodations” to pregnant and postpartum employees. Here’s what you need to know.
Implication:
Pregnant workers and those with related medical conditions are now entitled to accommodations without undue hardship on the employer, ensuring fair treatment and workplace safety.
The Specifics:
If you are working and are pregnant, recovering from childbirth, breastfeeding, or have a related medical condition, the Pregnant Workers Fairness Act can help you protect your health and your pregnancy without losing your job.
Under the PWFA, workers in companies with more than 15 employees have the right to "reasonable accommodation" These are temporary changes at work. You do not need to have a disability or a pregnancy complication to be eligible for accommodation. Examples of "reasonable accommodations" include:
Additional or longer breaks
Light duty or help with manual labor
Temporary transfer to safer positions
Limiting exposure to hazardous chemicals
Access to water, food, and private lactation spaces
Time off for recovery from childbirth, miscarriage, or postpartum issues
Equipment such as stools or modified uniforms
Adjusted work hours or remote work options
The PWFA rules and regulations contain a more detailed list of reasonable accommodations starting on page 29195 (page 100 on PDF).
Answers to other questions regarding the specifics of the PWFA can be found on the EEOC website here.
In addition to the PWFA, mothers may potentially be entitled to additional protections under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and other federal, state, and local laws. A list of your rights in Georgia under federal, state, and local law is available here.
Resources:
The EEOC enforces the PWFA. If you believe you’ve been unlawfully discriminated against you can file a complaint using their public portal. For additional information, you can go to a local office or call 1-800-669-4000. This infographic further explains how to contact the EEOC.
The EEOC publishes resources regarding the PWFA here. For example, tips for asking for reasonable accommodation are here.
Pregnant@Work publishes educational pieces about your workplace rights. For example, here are your workplace rights regarding maternal mental health.
The Center for WorkLife Law is a national advocacy organization dedicated to ensuring you are not discriminated against due to your pregnancy. Contact their free legal hotline at hotline@worklifelaw.org or (415) 703-8276 to ask a lawyer about the accommodations you are entitled to.
A Better Balance is a national nonprofit that educates mothers on their rights and ensures they receive them. If you believe your employer is infringing on your rights, they exist to help you. Contact them for support at 1-833-NEED-ABB / (1-833-633-3222) or fill out the form here. They also have a template regarding asking for accommodations here.
The Job Accommodation Network can help you determine the accommodations you need. You can contact them at (1-800) 526-7234 or by filling out this form.
Pickles & Ice Cream is a project by the Healthy Mothers, Healthy Babies Coalition of Georgia, that educates mothers about all things maternity. Follow its Instagram, sign up for its newsletter, and explore its blogs and infographics to learn about your rights and maternal health.
The Healthy Mothers, Healthy Babies Coalition of Georgia can help you understand your rights and connect you to resources. Call 1-888-457-4769 or fill out the form here.
Advocacy:
The Healthy Mothers, Healthy Babies Coalition of Georgia advocates to ensure the state protects pregnant and postpartum workers. Information on legislation and how to get involved is available here.
Written by: Jacob “Jake” Hays, HMHBGA Policy intern