1. The Pregnant Workers Fairness Act requires employers of 15 or more employees to provide reasonable accommodations to pregnant workers’ known limitations related to pregnancy, childbirth, or related medical conditions.
2. The law defines reasonable accommodations as modifications to a job, work environment, or usual work practices, and undue hardship as actions that cause significant difficulty or expense to the employer’s operations.
3. The Act extends protections to pregnant workers beyond the Pregnancy Discrimination Act of 1978 and the American with Disabilities Act, filling a gap in existing federal protections for pregnant workers. 1. Employers are required to provide reasonable accommodations for pregnant workers under the Act.
2. Employers cannot force an accommodation on a pregnant employee without discussion.
3. It is prohibited to deny employment opportunities to avoid providing reasonable accommodations.
4. Pregnant employees cannot be forced to take leave if another reasonable accommodation is available.
5. Employers cannot retaliate against an employee for requesting or using a reasonable accommodation, or for opposing conduct prohibited by the Act.
6. Companies should update policies and train staff on reasonable accommodations and the Act.
7. The Equal Employment Opportunity has announced forthcoming regulations and guidance on reasonable accommodations under the Act, which may include examples such as flexible working hours and reassignment from strenuous activities for pregnant workers.
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