The US Equal Employment Opportunity Commission said Tuesday it is accepting charges under the Pregnant Workers Fairness Act, the law that extends federal protections to pregnant workers, which has taken effect.
The PWFA, which was signed into law by President Biden last year, requires private employers with 15 or more workers to provide reasonable accommodations for limitations related to childbirth or related conditions, unless doing so will cause the employer undue hardship.
The EEOC said in its guidance that the PWFA does not supersede federal, state or local laws that are more protective of workers affected by pregnancy, childbirth or related medical conditions. It says more than 30 states and cities already have laws providing accommodations for pregnant workers.
Citing a report by the House Committee on Education and Labor, the EEOC said accommodations under the law can include the ability to sit or drink water, get closer parking and have flexible hours.
Employers may also not require an employee to accept an accommodation without first discussing it with the employee, or deny qualified employees or applicants a job or other employment opportunities based, among other things, on the person̵
7;s need for reasonable accommodation.When President Biden signed the PWFA, he also signed the Emergency Maternal Protection for Nursing Mothers Act, which took effect immediately.
That law requires employers with at least 50 employees to provide breastfeeding facilities other than a bathroom and reasonable breaks.
Observers say the PWFA is intended to fill gaps that may have been left by existing federal laws, including the Americans with Disabilities Act, the Pregnancy Discrimination Act, the Family Medical Leave Act and Title VII of the Civil Rights Act of 1964.
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