New law to offer additional protections to pregnant workers, applicants

As part of the comprehensive Consolidated Appropriations Act of 2023, President Joe Biden recently signed into law the Pregnant Workers Fairness Act (PWFA). The Act, which applies to employers with 15 or more employees, aims to provide additional protections to pregnant workers beyond those provided under both the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). The PWFA becomes effective June 27, 2023.

What the Act does
The PWFA covers the known limitations of pregnant workers, meaning any physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that have been communicated to the employer. Known limitations are covered even if they don’t meet the definition of a disability under the ADA. The Act provides protections to employees and applicants for employment without any waiting periods.

The Act makes it unlawful for an employer to: