Pregnancy in the Workplace

By: Elsa Ramos
Legal Counsel to Commissioner Aaron Demerson

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) goes into effect. This is a new federal law that requires employers with at least 15 employees to provide ?reasonable accommodations? to pregnant employees unless the accommodation would cause an ?undue hardship.? According to the Equal Employment Opportunity Commission (EEOC), employers should reasonably accommodate, ?a worker?s known limitations related to pregnancy, childbirth, or related medical conditions.? For more information about the PWFA, please review the EEOC infographic below and visit:?https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act?

In addition to the PWFA, other federal laws provide protection to pregnant employees. Whether employers are covered by these laws depends on their number of employees: less than 15 employees, 15 or more employees, and 50 or more employees.

Less than 15 employees: Employers with fewer than 15 employees are not covered by any federal anti-discrimination laws related to pregnancy or disability. Employers are free to handle these situations as they see fit.? Please note that although not required by law to provide sick or medical leave to pregnant employees, if an employer?s policy contains provisions regarding sick leave or medical leave that apply to all employees, employers should treat all employees consistently under the policy.?

15 or more employees: If an employer has at least 15 employees, it is covered by the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964: https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978

The PDA prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Employers are not allowed to treat pregnant employees less favorably than other employees regarding their terms and conditions of employment, including (but not limited to) hiring, firing, pay, job assignments, promotions, lay-offs, benefits, etc. For more information, please review: https://www.eeoc.gov/laws/guidance/fact-sheet-small-businesses-pregnancy-discrimination

Employers with at least 15 employees are also covered by the Americans with Disabilities Act of 1990, as amended (ADA): https://www.ada.gov/law-and-regs/ada/

The ADA prohibits discrimination against individuals with disabilities. The EEOC explains that, ?While pregnancy itself is not a disability under the ADA, some pregnant workers may have one or more impairments related to their pregnancy that qualify as a ?disability? under the ADA. An employer may have to provide that worker with a reasonable accommodation for the pregnancy related disability.?

Neither the PWFA, the PDA, nor the ADA require employers to provide a specific amount of leave related to pregnancy. However, a certain amount of leave for a medical reason related to pregnancy may be considered a reasonable accommodation depending on the circumstances.

50 or more employees: Employers with at least 50 employees are covered by the Family and Medical Leave Act (FMLA): https://www.dol.gov/agencies/whd/fmla

Unlike the laws noted above, the FMLA does require employers to provide a minimum amount of leave to employees who meet the FMLA eligibility requirements. Covered employers must provide up to 12 weeks of job-protected leave for absences due to pregnancy, other qualifying medical conditions, or for certain specified family reasons, such as parent-baby bonding time after the birth of a baby. The US Department of Labor offers a great resource to employers wanting to learn more about the FMLA: https://www.dol.gov/agencies/whd/fmla/employer-guide

For even more information about pregnancy rights in the workplace, visit our Texas Guidebook for Employers: https://efte.twc.texas.gov/pregnancy_rights.html