Minding the Gap: Federal Law Extends Employee Protections

Why are some legal experts calling the Pregnant Workers Fairness Act (PWFA), a game changer? This landmark federal legislation addresses substantial gaps in federal leave and accommodation laws concerning workers’ rights and an employer’s role to ensure they are met. It’s critical that benefits professionals understand the broad scope of this law (as well as its nuances) and how it differs from other regulations regarding implementation.

One example: While a routine pregnancy is not considered a disability under the Americans with Disabilities Act (ADA), the PWFA broadens the scope by covering conditions that may be minor, modest, or episodic impediments without requiring the condition to be disabling. It also emphasizes the obligation for employers to engage in an interactive dialogue with pregnant employees seeking accommodation. Though similar to the ADA, accommodation requirements differ under the PWFA, which requires employers to consider temporary accommodations that relieve employees from essential job functions.

In this session, the speaker will discuss the scope of the PWFA, implications for state and local pregnancy accommodation laws, and recommendations for employer compliance. The session will go beyond a general overview to ensure an understanding of the law’s practical application in the workplace, debunk common misunderstandings, and share lessons learned from the first year of implementation.