Oh Baby! What Employers Need to Know About The Pregnant Workers Fairness Act

It’s time for employers to review their handbook again. The Pregnant Workers Fairness Act (PWFA), signed into law on Dec. 29, 2022, is in effect as of June 27, 2023. Under this law, employers with at least 15 employees must provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth or related medical conditions unless the accommodation will cause the employer an “undue hardship.”

What exactly is the PWFA?

The PWFA amends the Americans with Disabilities Act (ADA) to require reasonable accommodations for a qualified individual’s limitations related to pregnancy, childbirth or related medical conditions. This law only applies to accommodations since existing laws the EEOC enforces make it illegal to terminate or otherwise discriminate against workers because of pregnancy, childbirth or related medical conditions. The PWFA does not replace federal, state or local laws that are more protective of workers affected by pregnancy, childbirth or related medical conditions. Currently, more than 30 states and localities have laws providing accommodations for pregnant workers. Covered employers cannot:

• Require an employee to accept an accommodation without a discussion between the worker and the employer about the accommodation.

• Deny a job or other employment opportunities to a qualified employee or applicant based on the person’s need for reasonable accommodation.

• Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working.

For more information about PWFA, contact the MBA’s HR Legal Services Division at 814/833-3200, 800/815-2660 or visit mbausa.org.

Rachel Tserkovniak, SPHR is an HR consultant and trainer at the Manufacturer & Business Association. Contact her at 814/833-3200, 800/815-2660 or rtserkovniak@mbausa.org.

The Manufacturer & Business Association regularly hosts a variety of informational and networking opportunities for members in the region. To learn more about upcoming events, visit mbausa.org.

Business leaders listen intently to Erie County Executive Brenton Davis at the Eggs ‘n’ Issues briefing held in June. 

Erie County Executive Brenton Davis shares a progress update on the county with area business leaders at the MBA’s June Eggs ‘n’ Issues briefing. The event was held in the Forum at the MBA Conference Center in Erie. 

Congratulations to Port Erie Plastics’ Sean Connole and team members who were presented a 70th anniversary plaque by the Manufacturer & Business Association. To learn more about the Haborcreek-based company, visit porterie.com. 

MBA President and Chief Executive Officer Lori Joint (second from left) recently presented a 110th anniversary plaque to Steptoe & Johnson PLLC Attorney Marcia DePaula, a member of the firm’s Pittsburgh, Pennsylvania office, Christopher Passodelis Jr., office managing member of the firm’s Pittsburgh office, and Chief Executive Officer Christopher L. Slaughter. Steptoe & Johnson is a national law firm with core strengths in energy, labor & employment, litigation and transactional law. To learn more, visit steptoe-johnson.com