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Akarsh Jaykumar

Landmark Law Offers Enhanced Protections for Pregnant Workers in the US

In a significant step towards safeguarding the rights of pregnant workers, a new law called the Pregnant Workers Fairness Act (PWFA) has come into effect in the United States. After more than a decade in the making and garnering bipartisan support, this law mandates that employers with 15 or more employees provide reasonable accommodations for pregnant individuals, ensuring their ability to work during pregnancy, childbirth, and related medical conditions.


Starting this week, millions of American workers will benefit from broader protections that prevent discrimination against pregnant women and require companies to offer necessary accommodations to support them while they continue performing their job roles.


The PWFA marks a crucial advancement in ensuring the health and economic stability of pregnant women. By bridging the gaps in existing federal legal protections, this law addresses the challenges faced by pregnant individuals in the workplace. Prior to its enactment, the Pregnancy Discrimination Act of 1978 aimed to prevent pregnancy-based discrimination and treated pregnant workers fairly in comparison to other employees. However, its application proved complex, as the circumstances for proving unequal treatment were not always straightforward.


This clarity achieved through the PWFA is especially advantageous for women who faced greater hurdles in the workforce during the pandemic, often due to increased caregiving responsibilities. The law acknowledges the disparities that mothers encountered, from the gender pay gap to the impact of motherhood on career advancement, along with the lack of accessible childcare facilities.


The PWFA also responds to the unique challenges pregnant workers confront, offering a range of accommodations that enhance their working conditions. These accommodations include provisions such as access to amenities like water, convenient parking, flexible working hours, and additional breaks. Importantly, employers are now required to engage in dialogue with pregnant employees to determine suitable accommodations, eliminating the need for unnecessary leave if reasonable adjustments can maintain their productivity.


This landmark law signifies a victory for equality and fairness, contributing to a more inclusive work environment that supports pregnant individuals, reduces gender-based disparities, and ultimately promotes both their well-being and the overall progress of society.

 

Source: Cerullo, Megan. CBS News. "The Pregnant Workers Fairness Act is a game changer for U.S. women. Here's why." https://www.cbsnews.com/news/pregnant-workers-fairness-act-federal-protections-eeoc-2023/. June 27, 2023. [Accessed: June 27 2023].


Edited by Ansh Pincha.

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