Pregnant Workers Fairness Act: New Protections for Palm Beach Gardens Employees

Imagine this. You are several months pregnant, your doctor recommends a few extra bathroom breaks and a stool at your register, and your manager treats the request like you asked for a corner office. Sound familiar? If so, you are not imagining it, and the law has actually caught up to this exact problem.

The Pregnant Workers Fairness Act, often shortened to the PWFA, has reshaped what employers owe pregnant employees across the country, including right here in Palm Beach Gardens. If you work locally and have not heard much about it yet, you are far from alone. Many employees, and even some employers, are still catching up.

What Does the PWFA Actually Require?

The PWFA is codified at 42 U.S.C. § 2000gg et seq., and it requires covered employers to provide reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause the employer an undue hardship. That phrasing should sound familiar if you know anything about the Americans with Disabilities Act, because Congress borrowed much of its structure. In fact, the statute specifically directs that “reasonable accommodation” be interpreted the same way it is under the ADA.

What does that look like in practice? Accommodations can include additional breaks, schedule changes, temporary reassignment of certain duties, seating, or even modified equipment. The point is simple: an employee should not have to choose between her health and her paycheck just because she is pregnant.

Why This Law Matters More Than You Might Think

Before the PWFA took effect in mid-2023, many pregnant employees fell into a frustrating gap. They were not always disabled under the ADA, and existing pregnancy discrimination law did not always require employers to provide accommodations unless similarly situated coworkers received them too. The PWFA closed that gap directly. The Equal Employment Opportunity Commission has confirmed that the law applies to covered employers and requires accommodation absent undue hardship, full stop.

Here is where it gets interesting for employees in our area. The law also prohibits employers from forcing a pregnant worker onto unpaid leave when a reasonable accommodation would let her keep working. It bars retaliation against employees who request accommodations. And it requires employers to engage with these requests promptly. Unreasonable delay in providing an accommodation can itself be treated as a violation, even if the employer eventually comes through.

What Should You Do If Your Employer Pushes Back?

If your employer denies a reasonable request outright, drags its feet for weeks, or pressures you to take leave instead of simply adjusting your duties, that is worth a closer look. Ask yourself a few questions. Did your employer actually discuss alternatives with you, or did they just say no? Were you punished, sidelined, or treated differently after making the request? Did the delay put your health or your job at risk?

None of these situations are something you should have to navigate alone, especially while managing a pregnancy on top of everything else.

Talk to Our Firm About Your Rights

Pregnancy should never put your job in jeopardy. If your employer is not meeting its obligations under the PWFA, our West Palm Beach pregnancy discrimination attorneys at Sconzo Law Office can help you understand what happened and what comes next. Contact our firm today to discuss your situation.

Source:

eeoc.gov/statutes/pregnant-workers-fairness-act