The Pregnant Workers Fairness Act (PWFA) is a new legislation that impacts pregnant workers’ rights and employers’ obligations. For Connecticut business owners, understanding the implications of the PWFA is essential to ensuring compliance with federal law and protecting the rights of pregnant employees.

Our Connecticut employment law attorneys at Wofsey Rosen are committed to helping business owners understand the PWFA, its implications for their workplace, and other relevant laws impacting employees.

Understanding The Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act, signed into law in 2022 and effective on June 27, 2023, augments the protections of Title VII of the Civil Rights Act of 1964 to provide greater federal protections for pregnant employees in the workplace. The PWFA provides the right to accommodations for all pregnant or postpartum employees and not just those with pregnancy-related disabilities. The key provisions of the PWFA include:

• Prohibition of discrimination: The PWFA prohibits employers from discriminating against employees or job applicants based on pregnancy, childbirth, or related medical conditions, including infertility, pregnancy loss, lactation, and abortion.
• Reasonable accommodations: Under the PWFA, employers with 15 or more employees must provide reasonable accommodations to qualified pregnant employees who need them due to physical or mental limitations arising from pregnancy, childbirth, or related medical conditions. Employers are not obligated to provide accommodations that would cause undue hardship, which is defined as a significant difficulty or expense in operating the business.
• Interactive process: The PWFA requires employers to interact with pregnant employees to determine appropriate accommodations and ensure that they can continue to perform their job duties safely and effectively.
• Notice requirements: Employers are required to inform employees of their rights under the PWFA, including the right to reasonable accommodations for pregnancy-related conditions.
• Retaliation protections: The PWFA prohibits employers from retaliating against their employees for requesting or receiving accommodations under the law.

What Qualifies As A Reasonable Accommodation?

The type of reasonable accommodations Connecticut business owners must provide to their pregnant employees will vary depending on the employee’s specific needs and the nature of their job. Examples might include:

• More frequent bathroom breaks
• Temporary modification of work tasks, such as lifting restrictions
• Changes in work schedules, such as shorter shifts or modified start and end times
• Providing a stool or chair for prolonged periods of standing
• Transferring to a vacant, temporary light-duty position if available
• Remote work
• Relaxing a dress code or uniform requirement

Undue Hardship

Determining undue hardship is done a case-by-case analysis. Factors that may be considered include:

• The business size: A larger company might have more resources to accommodate an employee than a smaller business.
• The nature of the accommodation: Some accommodations might be more expensive or disruptive.
• The impact on operations: The accommodation should not significantly hinder the core functions of the business.

The Interactive Process

The PWFA emphasizes open communication between employers and employees. Best practices include:

• Employee initiation: The employee typically initiates the request for accommodation by informing their supervisor of their pregnancy-related limitations and need for accommodation.
• Documentation: While not mandatory, documenting the interactive process can be helpful in case of future disputes.
• Flexibility and exploration: Employers should engage in a good-faith effort to explore potential accommodations and identify solutions that meet the needs of both the employee and the business.

Implications for Connecticut Business Owners

For Connecticut business owners, compliance with the Pregnant Workers Fairness Act is critical to avoid legal liability and protect the rights of pregnant employees. Here are some essential considerations for Connecticut business owners:

• Policy review: Review existing policies and procedures to ensure compliance with the PWFA. Update employee handbooks and other relevant documents as necessary.
• Training: Provide training to managers, supervisors, and HR staff on the PWFA’s requirements and how to effectively implement accommodations for pregnant employees.
• Interactive process: Establish a process for engaging in the interactive process with pregnant employees to determine reasonable accommodations. Designate a point of contact within the organization responsible for handling accommodation requests and ensuring compliance with the law.
• Documentation: Maintain detailed records of accommodation requests, interactive process discussions, and accommodations provided to pregnant employees. Documentation is essential to demonstrate compliance with the law and defend against potential legal claims.
• Legal consultation: Seek guidance from our experienced Connecticut employment law attorneys familiar with PWFA requirements. Our attorneys can provide advice on compliance strategies, assist with accommodation requests, and represent your interests in the event of a legal dispute.

Remedies Available Under The PWFA

If the EEOC or a court finds that an employer violates the PWFA, the employee may be entitled to several remedies, including:

• Reinstatement to their previous position if they were terminated or laid off
• Back pay and benefits
• Front pay for future lost wages and benefits
• Injunctive relief
• Compensatory damages for emotional distress and other intangible harms
• Punitive damages in rare cases of egregious misconduct

The PWFA does not replace the other federal and state employment protections required to be afforded to pregnant workers by Connecticut business owners. Employers must adhere to all state and federal laws protecting pregnant and postpartum employees, including the Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), and Connecticut Fair Employment Practices Act (CFEPA).

Ensure Compliance with The EEOC Pregnant Workers Fairness Act with Our Help

For Connecticut business owners, understanding the requirements of the PWFA and taking proactive steps to comply with its provisions is essential to promote a fair and inclusive workplace environment. By embracing the PWFA principles and prioritizing the needs of pregnant employees, Connecticut businesses can create a more equitable and supportive workplace for all employees.

If you have questions about your responsibilities as a Connecticut business owner under the EEOC PWFA or another federal or state law, contact our employment law attorneys at Wofsey Rosen for a consultation to discuss your needs.