Employers Across the Country May Soon Have to Provide Reasonable Accommodations to Pregnant Employees
Last week the U.S. House of Representatives Education and Labor Committee approved a bill that would require employers to provide accommodations for pregnant workers.FN1 The Pregnant Workers Fairness Act (the “Act”), would require employers to provide a reasonable accommodation for an employee’s or job applicant’s “known limitations related to the pregnancy, childbirth, or related medical conditions” unless the employer can show that an accommodation would impose an undue hardship on its business operations.FN2
The Act would make it unlawful for employers to:
(1) deny a request for a reasonable accommodation for a pregnancy related medical condition;
(2) require a pregnant employee or job applicant to accept an accommodation that is unnecessary to perform the job;
(3) deny employment opportunities because the employee or job applicant needs a pregnancy related accommodation;
(4) require a pregnant employee to take leave if another reasonable accommodation can be provided; or
(5) retaliate against a pregnant employee or job applicant for requesting or using a reasonable accommodation.
Reasonable pregnancy-related accommodations may include longer or more frequent breaks; lifting restrictions; or modified work schedules. The Act is similar to the Americans with Disabilities Act (“ADA”) in that it requires employers to engage in an “interactive process” with pregnant workers to determine whether, and what, reasonable accommodations are required.FN3 In 2016, Colorado passed a similar law requiring employers to provide reasonable accommodations to employees who are pregnant, physically recovering from childbirth or related conditions.FN4
Takeaway
We anticipate Congress will pass some version of this legislation, and we will provide updates to ensure employers have time to review their workplace policies and processes to comply with the Act.
Footnotes:
FN1: Daniel Wiessner, House panel advances bipartisan bill to require pregnancy accommodations, Reuters (January 14, 2020), https://www.reuters.com/article/employment-pregnancy/house-panel-advances-bipartisan-bill-to-require-pregnancy-accommodations-idUSL1N29J1UW
FN2: Pregnant Workers Fairness Act, H.R. 2694, https://edlabor.house.gov/imo/media/doc/H.R.%202694%2c%20Pregnant%20Workers%20Fairness%20Act.pdf
FN3: Section 5 of the Act provides that “the terms ‘reasonable accommodation’ and ‘undue hardship’ have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms have been construed under such Act and as set forth in the regulations required by this Act, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation.”
FN4: See Colorado Pregnant Workers Fairness Act, C.RS. § 24-34-402.3, https://www.colorado.gov/pacific/sites/default/files/CCRD%20Notice%20re%20Pregnant%20Workers%20Fairness%20Act%20%282%29.pdf