Pregnant and Working? Understand Your Rights as an Employee

Pregnancy is a transformative journey, and for many women, it includes continuing to work. A significant number of women work through a substantial portion of their pregnancy. But what happens when pregnancy-related needs bump up against workplace requirements? That's where the Pregnant Workers Fairness Act (PWFA) comes in, and it's a game changer for expecting employees in Pennsylvania and across the nation.

Working Through Pregnancy is Common

The share of pregnant women who work in the United States is higher than it was two decades ago. This number rose steadily between 2010 through 2020, dipped during the height of the pandemic, and as of 2023, was at more than 72 percent. More than six in 10 pregnant women work for pay in the year they are pregnant. 

What is the Pregnant Workers Fairness Act?

The PWFA is a federal law that went into effect on June 27, 2023. It requires employers with 15 or more employees to provide reasonable accommodations to qualified employees with known limitations related to pregnancy, childbirth, or related medical conditions. These accommodations can include:

• Changes to job duties which could involve temporary reassignment to a less strenuous role or modification of tasks

  
  

• Flexible work arrangements like telework, modified hours, or more frequent breaks

  
  

• Equipment modifications or provision of assistive devices to enhance comfort and safety

  
  

• Leave for medical appointments such as prenatal checkups

The key is that the accommodation must be "reasonable" and not create an "undue hardship" for the employer.

What Obligations Does the PWFA Impose on Employers?

Employers have a legal duty to:

• Engage in an interactive process with the employee to determine appropriate accommodations.

  
  

• Provide reasonable accommodations unless it would cause an undue hardship to the employer's business operations.

  
  

• Keep the employee's pregnancy-related information confidential.

  
  

• Refrain from retaliating against an employee for requesting or using accommodations.

Local Laws Giving Rights to Pregnant Workers

Pennsylvania has no state level laws protecting pregnant workers.  However, Philadelphia and Pittsburgh both have local ordinances:

Pittsburgh

Employers must provide reasonable accommodations for an employee’s pregnancy, childbirth, or related medical condition, and for an employee who is the partner of a person who is pregnant or affected by a related medical condition, so long as the accommodation will not cause an undue hardship to the employer. Reasonable accommodations include schedule modifications, light duty, temporary reassignment, being permitted to sit or eat at one’s work station, time off for medical appointments, leave to recover from childbirth or to care for a partner who is recovering from childbirth, and more.

Philadelphia

Employers must provide reasonable accommodations to employees, if requested, for needs related to pregnancy, childbirth, or a related medical condition, so long as the accommodations will not cause an undue hardship to the employer. Reasonable accommodations include restroom breaks, periodic rest for those who stand for long periods of time, assistance with manual labor, leave for a period of disability arising from childbirth, reassignment to a vacant position, and job restructuring. Employers must provide written notice of these rights. 

What to Do If You Believe Your Employer is Not Providing Reasonable Accommodations

If you're pregnant and believe your employer is denying you reasonable accommodations, here are the steps you should take:

1. Document Everything

Keep a detailed record of all communication with your employer regarding your accommodation request, including dates, times, and what was discussed.

2. Formal Request

Submit a formal, written request for accommodation to your employer. This creates a clear record of your request and the reasons for it.

3. Consult with an Attorney

Contact one of the experienced employment discrimination attorneys at Fiffik Law Group as soon as possible. Our attorneys can evaluate your situation, advise you on your legal options, and help you navigate the process of seeking accommodations or filing a charge of discrimination.

4. File a Charge with the EEOC

You can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for enforcing the PWFA. There are strict time limits for filing a charge, so don't delay.

The PWFA is a powerful tool for protecting the rights of pregnant workers in Pennsylvania. If you believe your rights have been violated, don't hesitate to seek legal assistance from Fiffik Law Group. Your health and well-being, and that of your baby, are paramount.