Noteworthy employment law in effect in 2023

Pregnancy discrimination is currently prohibited under the Pregnancy Discrimination Act (PDA)—which modified Title VII of the Civil Rights Act of 1964—and under the Americans with Disabilities Act (ADA). Employers need to be aware of a new pregnancy-related employment law that is set to become effective in the coming months.

Pregnant Workers Fairness Act

The PDA requires covered employers to treat employees affected by pregnancy, childbirth, or related conditions the same as other similarly situated employees. The ADA, in turn, requires employers to provide reasonable accommodations for certain conditions that qualify as a disability and are related to pregnancy, though it doesn’t require any accommodation for many common pregnancy-related conditions that don’t qualify as a disability. The Pregnant Workers Fairness Act (PWFA) adds an additional layer of protections to cover pregnancy-related conditions not covered under the ADA.

The PWFA applies to employers with 15 or more employees and goes into effect June 27, 2023. It requires covered employers to provide reasonable accommodations for “the known limitations related to pregnancy, childbirth and related medical conditions of a qualified employee.” Like the ADA, the standard applies “unless [a] covered entity demonstrates that the accommodation would impose an undue hardship on the operation of the business.” The PWFA specifically prohibits employers from the following: