A lot of employers get away with pregnancy discrimination because those on the receiving end fail to report it. They either don’t realize they can or don’t believe there is much point in doing so. They may fear they will be wasting their time and effort and create more problems for themselves.
The Pregnancy Workers Fairness Act of 2023 (PWFA) will have gone some way to address these problems. But even then, many will have assumed that their chances of anyone taking action against the perpetrators were slim.
The EEOC had already taken action on behalf of some workers
The Equal Employment Opportunities Commission (EEOC) has made it clear they mean business when it comes to this new law. They have already brought several legal actions against those accused of discriminating against an employee because of their pregnancy. Several workers have also filed their own claims under this law.
What has changed?
Pregnant workers already had some protection against discrimination, but the PWFA has expanded it. For example, employers are now not allowed to ask a pregnant employee to provide supporting medical documentation to back up their request for reasonable accommodations if the need is obvious.
The PWFA has also made it harder for employers to deny a request by claiming it will cause them “undue hardship.” It recognizes that most reasonable accommodations requested by pregnant workers are only temporary and so, in the long run, will not cause that much hardship to an employer. Provided the accommodation is needed for less than 40 weeks, it becomes harder for an employer to refuse it on the grounds of undue hardship.
If you are having trouble with your employer over your pregnancy, consider learning more about your legal options.