Why the PWFA is the most significant protection in 25 years
By accommodating pregnancies, businesses can retain talented women in the workforce, eliminating the need for them to leave their roles due to pregnancy-related limitations.
In recent years, efforts to go beyond basic protections to promote gender equity in the workplace have gained momentum with new federal protections and progressive initiatives within the private sector. Most recently, significant strides have been made toward ensuring fair treatment of pregnant employees.
Historically, pregnancy has posed a significant barrier to gender equality in the workplace. Too often women are forced to leave their jobs due to physical constraints resulting from pregnancy, such as the inability to climb ladders or engage in heavy lifting. While the Pregnancy Discrimination Act (PDA) does protect pregnant employees from discrimination, it lacks specific provisions requiring accommodations that could help them fulfill their job responsibilities. As a result, some women have been unable to remain in the workforce during pregnancy, leading to the loss of valuable talent for employers.
The Pregnant Workers Fairness Act (PWFA) is perhaps the most significant legislative effort in workplace protections for women within the past 25 years. This pivotal piece of legislation aims to protect the rights of pregnant workers by requiring employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions. The goal is for pregnant employees to receive the same level of protection and support as other employees with temporary medical conditions.
While the law officially took effect last year, the Equal Employment Opportunity Commission’s (EEOC) final rule became enforceable on June 18, 2024, to provide important clarifications regarding the type of limitations and medical conditions covered. The codified law extends protection beyond pregnancy and childbirth, encompassing preconception, preparation, and postpartum conditions.
Some examples of a request for an accommodation may include:
- “I’m having trouble getting to work at my scheduled starting time because of morning sickness.”
- “I need more bathroom breaks because of my pregnancy.”
- “I need time off from work to attend a medical appointment because of my pregnancy.”
Ultimately, the PWFA places more responsibility on employers. With the EEOC’s final rule in effect, companies must ensure compliance with the PWFA to avoid potential legal repercussions. This includes reviewing and updating policies and practices to align with the new guidelines, training managers and supervisors on the requirements of the law, and promptly responding to accommodation requests from pregnant employees.
Progressive private sector initiatives: FIFA’s extended support
While this landmark regulation requires employers to rethink their current leave and accommodations processes, some progressive private sector initiatives are driving meaningful, incremental change by going beyond what is required. Just last month, Nike announced its paid parental leave benefit will double from eight to 16 weeks. The expansion gives all U.S.-based employees — and for the first time, part-time retail teammates – more time to bond with their child after birth, adoption, or foster placement.
Related: More than half of pregnant U.S. women say they must fight to get the care they need
Similarly, FIFA’s new maternity protocols aim to support the wellbeing of players and coaches during pregnancy and after the birth of their children. Now, coaches will receive at least 14 weeks of paid maternity leave — a benefit that players have had since 2020. Those who are welcoming a child but are not the biological mother will now receive a minimum of eight weeks of paid leave to assist in their transition.
As organizations and policymakers prioritize gender equity and inclusivity, the momentum generated by these initiatives will be instrumental in shaping a future where women can thrive, lead, and contribute fully in all aspects of the workforce.
Companies with these forward-looking policies also see positive outcomes. By accommodating pregnancies, businesses can retain talented women in the workforce, eliminating the need for them to leave their roles due to pregnancy-related limitations. This fosters inclusivity and proves advantageous for companies by maintaining a skilled workforce. It’s a win-win scenario where businesses adapt to support their employees, ensuring continuity and empowerment in the workplace.
Ashlee Brennan is the Vice President of Leave Compliance at AbsenceSoft, a SaaS-based leave-of-absence solution for enterprises. A Colorado Bar-licensed attorney, Ashlee’s is a corporate problem-solver helping organizations stay compliant. Specifically, she is an expert at advising on leave of absence administration laws including FMLA, ADA, PWFA, ERISA, and statutory paid leave. Ashlee has played a pivotal role in assisting startups and Fortune 100 companies in establishing compliant leave of absence programs. Before her tenure at AbsenceSoft, Ashlee was a disability advocate and held senior roles at ReedGroup (a Guardian Company) and Sedgwick. As a special needs mother and advocate, she has an intimate perspective on how workplace accommodations can help support families.