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What You Should Know About the Final Pregnant Workers Fairness Act Regulations

by | May 24, 2024 | Firm News

Gilbert Employment Law, P.C. has been a relentless advocate for the rights of pregnant workers for years. When the Pregnant Workers Fairness Act (PWFA) was passed in 2023, we celebrated the long overdue requirement that employers provide workplace accommodations to pregnant workers. Now, the Equal Employment Opportunity Commission has released the final regulations, which outline how the PWFA will be practically enforced starting June 18, 2024.

What is the Pregnant Workers Fairness Act (PWFA)? 

This landmark legislation provides crucial protections for our clients who face pregnancy discrimination in the workplace, such as but not limited to:

  • The right to request reasonable accommodation to any of your known limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship on the operation of the business
  • Protection from having a job or other employment opportunities denied to you as a qualified employee or applicant based on your need for a reasonable accommodation related to pregnancy, childbirth, or related medical conditions
  • Protection from punishment or retaliation against individuals for requesting or using a reasonable accommodation for a known limitation under the PWFA, reporting or opposing unlawful discrimination under the PWFA, or participating in a PWFA proceeding (such as an investigation)
How Does This Impact GEL’s Work?

For far too long, pregnant workers faced challenges in the workplace by those who refuse to provide reasonable accommodations for known limitations derived from pregnancy, childbirth, related medical conditions, or employers who make decisions based on stereotypes and bias. Now, these workers are able to request and receive the accommodations they need without facing discrimination or retaliation.

You should never be discriminated against because you are caring for yourself and/or your family, and the PWFA helps expand these protections to pregnant employees. We have been committed to helping employees fight for workplace equality since 2005, and, while this is a step in the right direction, our fight is far from over.

Looking Ahead

Our attorneys at GEL have years of experience litigating cases involving pregnancy discrimination under both federal and local laws.  Many local laws offer additional protections to working parents who also serve as caregivers. For example, under the D.C. Human Rights Act, an employer cannot take adverse action against an employee based on their “state of being, or potential to become, a contributor to the support of a person or persons in a dependent relationship.”

Whether it’s pregnancy discrimination, disability discrimination, familial status or responsibilities discrimination, we are honored to defend the rights of employees worldwide and help them attain justice. If you have been a victim of any type of workplace discrimination, contact us today and discover how we can advocate for you.

Read More About Our Fight For Workplace Fairness