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Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (“Act”) that came into effect last week requires employers (private or public) who have 15 or more employees to provide “reasonable accommodations” to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an “undue hardship” on the operation of the business. The Act applies only to accommodations and does not affect any existing pregnancy discrimination laws or replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions.   

“Reasonable accommodations” under the Act is defined as changes to the work environment or the way things are usually done at work.  These reasonable accommodations for any employee may include the ability to sit down or receive a drink of water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. 

While this Act is not retroactive, Employers should ensure compliance with the Act as soon as possible as a violation of the Act could lead to potential penalties as the Equal Employment Opportunity Commission (“EEOC”) has already began accepting complaints under this Act as of June 27, 2023.

In order to ensure compliance with the Act and other state and federal laws related to an employee’s pregnancy, childbirth, or related medical conditions in the workplace contact the  Employer Lawyers at Chauvel & Glatt.

The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500. (photo credit: Depositphotos.com)

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