The Pregnant Workers Fairness Act (PFWA), which took effect last year, requires employers with at least 15 employees to provide “reasonable accommodations” for pregnant employees unless doing so would present an undue hardship to the business. This is much like the Americans with Disabilities Act (ADA) requirements.
The PWFA expanded pregnant worker rights to include those not previously covered under laws like the Pregnancy Discrimination Act or the ADA. These federal laws must be followed by Indiana employers.
To help clear up some sources of confusion with the new law that could prevent pregnant employees from getting the accommodations to which they’re entitled, the Equal Employment Opportunity Commission (EEOC) published a new rule this summer that further clarifies some of the terms included in the law.
The head of one Indiana group that’s trying to spread awareness of pregnant employees’ rights under the law says, “Passing the law is one step, but then making sure that workers know their rights and employers know their obligations is another really important part of the process.”
What are “reasonable accommodations” under the PWFA?
The new rule specifies that “reasonable accommodations” include things like:
- Additional bathroom and food breaks
- No heavy lifting requirements
- Modified scheduling, including time off for doctors’ appointments
- Adjustments to uniforms
Further, pregnant employees cannot suffer retaliation for seeking these accommodations or for taking short-term leave as needed before and/or after they have the baby.
Employees should know and understand their rights so that they can assert them effectively. In some cases, that may involve educating your employer about the law.
Of course, it’s always best when employees and employers can work together to help ensure that the employee’s rights and the business operations are considered. For example, letting an employer know in advance whenever possible about doctors’ appointments and planned leave can go a long way toward a peaceful relationship. Nonetheless, if you believe your employer has violated your rights under the PWFA or any other law, it can be helpful to seek legal guidance.