As of June 2023, the Pregnant Workers Fairness Act (PWFA) formalized requirements for employers to provide protections for employees who are pregnant or have pregnancy-related conditions. This act strengthens protections that already exist under the Americans With Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA). Although the regulations have some ambiguity, the PWFA’s biggest challenges come from those who oppose its language, including abortion.
Below, the labor and employment lawyers from MehaffyWeber discuss what Texas employers should know about the Pregnant Workers Fairness Act and related laws, including state legislation.
What is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act (PWFA) requires employers to make reasonable accommodations for employees affected by pregnancy, childbirth, or any related medical conditions. Employers cannot use the conditions for any hiring decisions or force workers to accept accommodations other than those resulting from a fair process. Employers should reassess current policies to ensure they adhere to the PWFA.
This law focuses on accommodations, enhancing the existing anti-discrimination requirements under the Pregnancy Discrimination Act (PDA), which outlaws discrimination for pregnancy-related conditions. The PDA didn’t include language about accommodation, highlighted by Young v. United Parcel Service Inc. (2015). In this case, the U.S. Supreme Court ruled that employers that provide accommodations for other employees must do the same for pregnant workers.
The PWFA closes this gap by requiring accommodations, whether or not the employer already does so for employees in similar situations. Enforcement of this law falls to the Equal Employment Opportunity Commission (EEOC).
A Recent Ruling Affecting Enforcement of the PWFA
Within a year of the PWFA’s passing, U.S. District Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas claimed the act violated quorum requirements in the U.S. Constitution. He issued an order enjoining federal agencies from enforcing complaints under the PWFA against Texas state divisions.
The EEOC must notify claimants in writing that they are unable to process the violation. At present, all Texas government facilities fall under this ruling, including public universities. However, private or publicly traded employers are not covered and must follow the PWFA’s requirements for accommodations.
Other Laws That Govern Employers With Pregnant Employees
Along with the ADA, the FMLA, and the PDA, Title VII of the Civil Rights Act protects employees from pregnancy-related discrimination. Additionally, the Texas Workforce Commission (TWC) outlines pregnancy rights in the workplace. Employers with over 15 employees must comply, and the commission strongly encourages those with fewer than 15 to observe the same policies to avoid employment litigation.
These rights are part of the Texas Commission on Human Rights Act and include prohibitions against discrimination at any part of the employment process, including hiring, disciplinary measures, promotions, and termination.
What Does the PWFA Mean for Texas Employers?
Private employers in Texas are now subject to the PWFA’s increased requirements surrounding accommodations for those affected by pregnancy-related conditions. As a company owner or executive, you should review existing policies against the act and make adjustments to maintain compliance.
Accommodations typically include situations such as:
- Allowing employees to keep food or a water bottle at their work station
- Providing a chair or stool for those who must normally stand during their shift
- Adjusting work schedules
- Allowing additional breaks
- Assigning parking spots closer to the workplace entrance
- Temporarily reassigning an employee to light duty or administrative work
- Providing telework options
- Allowing employees leave time for medical appointments
- Providing uniforms and safety equipment that fit as the employee’s body changes
While you do not have to provide leave if it causes an undue hardship to the company, the Family Medical Leave Act (FMLA) does allow workers to take time for recovery after the birth or adoption of a new child. You should also consider designating a standard set of accommodations, leaving room to tailor them for individual needs. You may also need to adjust accommodations throughout an employee’s pregnancy as their health or needs change.
Preventing Disputes Involving PWFA Requirements as a Texas Employer
Unless your business is part of the Texas government, you must comply with PWFA requirements as a private sector employer with over 15 employees. It’s vital to enhance current policies and review complaints closely with guidance from experienced labor and employment attorneys. The current ruling against enforcing the PWFA for state agencies could encourage further actions to limit the law’s applicability in Texas, so you must stay updated on any changes.
In addition, you should proactively educate leaders, managers, and supervisors regarding these changes and adjust employee training programs. By clearly addressing the new law and your policies, you provide workers the chance to discuss their concerns and gain confidence in your approach.
If your current policy doesn’t already include mediation as a first step in employment disputes, you may wish to implement this step. Mediation and other alternative dispute resolution (ADR) techniques can often bring a more satisfactory compromise, saving all parties time, money, and frustration.
What to Do When Your Company Faces a PFWA Complaint
If you receive notice of a complaint or violation, it’s vital to maintain credibility, integrity, and transparency. Meet with the employee and their supervisor to review the details of the complaint and begin the process of addressing their concerns. If needed, assess your current policies and revamp them to limit future issues.
Coordinate with the employee to reach an agreement on what accommodations they need and then provide those. Make sure the employee knows they can initiate future conversations, especially as their needs change. Consider whether offering leave is an appropriate solution, taking into account both the worker’s condition and your business requirements.
If these actions do not succeed and the employee continues with legal action, contact the labor and employment lawyers at MehaffyWeber to discuss next steps. By using ADR and negotiation, our attorneys may be able to reach a settlement that reduces your legal and financial exposure.
Contact MehaffyWeber to Review Your HR and PWFA Policies
When it comes to providing accommodations for employees with pregnancy-related or other concerns that are protected under anti-discrimination legislation, you must be proactive. Regardless of whether your company has accommodated these workers before or not, it’s wise to speak with professionals who can interpret these laws for you.
At MehaffyWeber, we have offered tailored solutions and advice for clients since 1946. We value our clients and prioritize their business growth. Contact us to arrange a consultation and review your current policies for potential improvements today.