Accommodations in the workplace for pregnancy

Pregnant workers, and even in some cases, recently pregnant workers, now have employment protections that did not exist before June 27, 2023. 

Not only can your employer or potential employer not discriminate against you because of your pregnancy, but your employer must now reasonably accommodate your pregnancy in the workplace. If you are pregnant or recently were pregnant and have a medical condition related to your pregnancy, and your employer denies your accommodation request, you should seek an attorney immediately. 

In a nutshell, under the recently enacted Pregnant Workers Fairness Act (“the Act”), pregnant workers can now seek reasonable accommodations from their employers, such as flexible work hours, additional breaks, and time off. Although, an employer is not required to accommodate the employee at all costs, an employer must have a discussion with the employee about the request and cannot deny the request unless it creates an undue hardship for the employer.

Q & A

Are all employers required to comply?

No. Only employers with 15 or more employees are bound by this Act.

What triggers protection for employees?

Pregnancy, childbirth and related medical conditions. This means that conditions related to miscarriage could qualify a worker as well.

What is a reasonable accommodation?

This is fact dependent, but a reasonable accommodation can include, but is not limited to, a flexible schedule to work around doctor appointments, more frequent restroom breaks, or adjusted seating. A reasonable accommodation can really be any number of things, so long as the request addresses the employee’s need.

Can my employer deny my request?

Possibly. Your employer is required to have a good faith discussion with you about your request, but may deny the request if it causes them an undue hardship. An undue hardship could be significant financial cost to the employer, or other difficulty in implementing the request. Obviously, undue hardship can vary by employer and industry. 

Can my employer deny me a promotion or fire me if I request an accommodation?

If your employer has engaged in retaliation, they are in violation of this act. If you are otherwise qualified for the promotion or to do your job, your employer may not fire/deny you because of your request.

What if my employer denied me an accommodation or violated this Act before June 27, 2023?

Unfortunately, the Act is not retroactively applied, and only covers accommodation requests, denials, and retaliation that occurs on or after June 27, 2023. If you made an accommodation request prior to this date and it was denied, so long as you are still pregnant or suffering from a medical condition related to pregnancy, you should consult an attorney, as it may be advisable to renew your request.

Can my employer make me take leave instead of accommodating my request?

No, the Act prohibits an employer from forcing an employee to take maternity or other leave if a reasonable accommodation can be made.

What should I do if I think my employer is in violation of the Act?

Contact an attorney as soon as possible, because you must file a complaint within 180 days of the denial or retaliation, and an experienced attorney will want to thoroughly evaluate your case ahead of that deadline.