Omnibus spending bill adds protections for pregnant workers

The Pregnant Worker’s Fairness Act (PWFA) was enacted at the end of 2022 as part of the omnibus spending bill for fiscal year 2023 and is set to go into effect on June 27, 2023. It was added to the spending bill without much fanfare, overshadowed by headlines about the large spending package. But don’t be fooled by its quiet passage—the PWFA contains important protections for pregnant workers. Employers should pay attention to the Act as they update their policies for 2023.

New law closes accommodations gap

Employers are probably familiar with the Pregnancy Discrimination Act of 1978 (PDA), which prohibits discrimination based on a worker’s pregnancy. The PDA has long been criticized, however, for its failure to address accommodations for pregnant workers.

The PWFA was enacted at the end of 2022 to close this gap and clarify the framework for handling pregnancy-related accommodations in the workplace, even those that may not qualify as a disability under the Americans with Disabilities Act (ADA).

Covered, qualified employers

Like the ADA, the PWFA applies to employers who have 15 or more employees for 20 or more calendar weeks in a year.

Unlike the ADA, the PWFA doesn’t disqualify an employee who is unable to perform the essential functions of the job at that time. Instead, the PWFA creates a grace period for pregnant workers who are temporarily unable to perform essential job functions, when certain criteria are met.

A pregnant worker who is currently unable to perform essential job functions is still qualified for protection under the PWFA if: