Today has actually gotten here.
Though numerous states beat Congress to the punch, since today, companies are needed under the Pregnant Employees Fairness Act (PWFA) to offer affordable lodgings to workers who are restricted from working due to pregnancy and giving birth.
I offer a fast summary of the PWFA listed below, however initially, please join me for a complimentary webinar to read more about how to adhere to the PWFA. On July 12, 2023 (1:00 pm main), my pal, Seth Turner (Chief Technique Officer at our customer, AbsenceSoft), and I will host a downright fascinating 60-minute webinar in which we will assist you get ready for the PWFA. Throughout our session, we will cover:
- The specifics of the PWFA– What is this brand-new federal law and what are a company’s commitments? How does the law vary from the ADA?
- What actions companies can require to comply, and
- How to handle hard PWFA scenarios
Register here for this Littler/AbsenceSoft webinar: Webinar Registration– Zoom
What is the PWFA?
Imitated the Americans with Disabilities Act, the PWFA broadens the defenses for pregnant workers and candidates by needing companies with 15 or more workers to clear up lodgings to recognized momentary restrictions on their capability to carry out important task functions due to pregnancy, giving birth, or associated medical conditions. Like the ADA, companies should take part in an interactive procedure with the staff member to figure out an affordable lodging, offered it does not enforce an excessive challenge on the company.
How Does PWFA Differ from the ADA?
The PWFA embraces the very same terms and significance of “affordable lodging” and “excessive challenge” as we discover in the ADA, consisting of the interactive procedure that we have actually familiarized and enjoy, which will be utilized to come to a reliable affordable lodging.
Nevertheless, the PWFA leaves from the ADA in a couple aspects. Most significantly, under the ADA, a certified person is one who can carry out the important functions of their position. Nevertheless, under the PWFA, a worker still is thought about “certified” if she is not able to carry out an important function for a “momentary duration” so long as it might be carried out “in the future” and as long as the failure to carry out important function can be “fairly accommodated.” As an outcome, PWFA appears to eliminate entirely the “certified” principle, which moves the conversation straight to excessive challenge.
As the EEOC notes in its PWFA assistance, companies can not:
- Need a worker to accept a lodging without a conversation about the lodging in between the staff member and company. This apparently varies from the ADA, however it’s uncertain from this two-page law how a company would be punished for stopping working to take part in the interactive procedure.
- Need a worker to depart if another affordable lodging can be offered that would let the staff member keep working. This mirrors language from numerous state pregnancy lodging laws.
Do Not Forget the New Poster
Companies, make certain to eliminate your now dated EEOC “Know Your Rights” posters and change them with the upgraded variation discovered here, which talks to the rights and commitments under the PWFA.
Though EEOC will provide guidelines by year’s end, the law works today.
See you at our webinar on July 12!