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One to Keep An Eye On: Pregnant Workers Fairness Act (U.S. Congress)

 

As with many labor & employment law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Pregnancy discrimination is often a much discussed topic in employment circles given the confusion over whether, and how, employers are required to accommodate pregnant workers.  With the introduction of the Pregnant Workers Fairness Act (“PWFA”) in Congress, that confusion may soon be coming to an end.

Under the proposed legislation, employment practices would be prohibited to the extent they discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions.  (A “qualified employee” is defined as an employee or applicant who, with or without reasonable accommodations, can perform the essential functions of the position, with specified exceptions.

The PWFA would make it unlawful for employers to:  fail to make reasonable accommodations to known limitations of such employees unless the accommodation would impose an undue hardship on an entity’s business operation; require a qualified employee (as defined above) affected by such condition to accept an accommodation other than any reasonable accommodation arrived at through the interactive process; deny employment opportunities based upon the need of the entity to make such reasonable accommodations to a qualified employee; require such employees to take paid or unpaid leave if another reasonable accommodation can be provided; or take  adverse action in terms, conditions, or privileges of employment against a qualified employee requesting or using such reasonable accommodations.

Currently, the House of Representatives Rules Committee will meet this afternoon to prepare the bill for a floor vote.  After that is done, I would expect the PWFA to move quickly to a vote, which is widely expected to be approved.  (A prior version of the PWFA passed the House by a vote of 329 - 17 in 2020.)  With Democrats also having majority control of the Senate (and a bipartisan bill making its way through that chamber), I would expect the PWFA to reach President Joe Biden’s desk for signature sooner rather than later.


For additional information:  https://www.congress.gov/bill/117th-congress/house-bill/1065

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