Carrying a child and giving birth can be tough tasks, but a new federal law could make it a little easier on pregnant workers while they’re on the job.
The Pregnant Workers Fairness Act law went into effect on Tuesday. It requires employers to give "reasonable accommodations" in the workplace to their pregnant employees.
The law applies to employees facing limitations on what they can do at their jobs due to pregnancy, childbirth or related medical conditions.
"Pregnancy is still a significant concern in the workplace," said employment attorney Harvey Sanders. "The majority of pregnant women are working. They’re at a work age where that’s going to be the case."
According to the Equal Employment Opportunity Commission, reasonable accommodations could include the ability to sit or drink water, have closer parking spots, flexible hours, extra break time to eat or rest, appropriately-sized uniforms and allowing leave or time off to recover from childbirth.
"This is covering a gap in the federal law as it relates to accommodations that pregnant worker would need in order to continue to do her job," Sanders said. "That’s the goal of the law is to enable people to remain productive workers in the workforce for themselves, for the families and for the employer."
Employers are required to provide such accommodations unless they would cause an “undue hardship” to the operation.
"It’s not like most of these kinds of accommodations are costly, so I think it’s going to be a heavy lift for employers to meet that hardship," Sanders said.
The new law does not replace any existing federal, state or local laws that make it illegal to fire or discriminate against someone on the basis of pregnancy and related conditions. Sanders says it’s important for managers and employees to have open conversations about potential accommodations as they arise.
"There’s no magic formula," Sanders said. "There’s no form in particular that you need to use. You just need to reach out to your employer, let them know that this is what you’re looking for, and if the employer refuses to engage in that good faith interactive dialogue about that, then starting today you can begin complaining to the Equal Employment Opportunity Commission.”
Sanders added that employers should make sure they’re updating their Equal Employment Opportunity Commission files to reflect the new legislation.
If you feel your accommodations are not being reasonably met, you can file a charge against your employer with EEOC.
Other laws already on the books provide protections from pregnancy discrimination, some medical disabilities, allow for family and medical leave and mothers to pump breast milk at work.