Pregnant Workers Fairness Act Goes Into Effect

What's the story?

• The Pregnant Workers Fairness Act was signed into law by President Biden on Dec. 29, 2022. The act went into effect on June 27, 2023, after a decade of efforts by a bipartisan coalition of lawmakers. 

Bill overview

• The act expands protections for working mothers and requires employers with over 15 employees to make fair and reasonable accommodations for workers who require them due to pregnancy and childbirth. The accommodation must not cause the employer "undue hardship." 
• The act will not replace federal, state, or local laws in place that are currently more protective of workers.

Bill details

Protects women at "covered employers"

• This includes private and public sector employers with 15 employees.
• All employees working in Congress, federal agencies, employment agencies, and labor organizations will be protected.

Requires companies to make accommodations

• The act requires that companies make accommodations for women experiencing reproductive-medical conditions like postpartum depression and fertility treatments.
• The language concerning "reasonable accommodations" is intentionally vague to allow room for employers and employees to liaise and negotiate terms appropriate for a given workplace or job role.
• These accommodations could include providing seating, receiving closer parking spaces, being excused from strenuous activities, extended bathroom breaks, room to pump breast milk, or access to a flexible, work-from-home schedule.

Fills the gaps between two previous legal protections

• The act fills in the gaps between two previous legal protections for pregnant people — the Pregnancy Discrimination Act and the Americans with Disabilities Act.
• The Pregnancy Discrimination Act of 1978 ruled that employers could not discriminate against pregnant workers, but the legislation was open to broad interpretation, and the burden of proof was on the pregnant worker to demonstrate clear incidents of discrimination.
• The second protection, the Americans with Disabilities Act, requires employers to make accommodations, but pregnancy is not classed as a disability. Therefore, pregnant people were not protected by this legislation.

Supports women in the workforce

• A large number of women left the workforce during the pandemic to assume caregiving duties. This legislation will help women maintain a career during pregnancy and parenting.
• The legislation could help address the ongoing labor shortage and could encourage companies to promote parent-friendly policies to retain talent.

Takes a step toward equity

• The act will not solve the pay gap that mothers face in the workplace, nor will it address the systemic lack of federally-mandated paid leave, but it is a step in the right direction.

What supporters are saying

• Reshma Saujani, founder and CEO of Moms First, said:

"The PWFA going into effect this week is historic; it's a huge bipartisan legislative win that will not only protect pregnant workers with reasonable common sense accommodations at work, but also sends a powerful message that motherhood and work aren't incompatible."

• Emily Martin, from the National Women's Law Center, praised the act:

"One of the things I find exciting about the Pregnant Workers Fairness Act is that it demonstrates that—even in an incredibly partisan time—there are places where bipartisan agreement around policies that make people's lives better are still possible."

• Martin continued:

"We know from those studies that those stereotypes kick in during pregnancy, before you even have a child. All of this is part of why pregnancy discrimination continues to be a real obstacle and barrier in the workplace."

Do you think the protections go far enough?

—Emma Kansiz