With women making up 47% of the workforce1, ensuring an equitable and supportive experience in the workplace is essential, not only for their wellbeing and success, but also for employer regulatory compliance. Understanding the regulations in play is crucial, especially as they relate to pregnancy, which has become a greater focus of the Equal Employment Opportunity Commission (EEOC) over the last year. In this blog, we will take a look at the key considerations surrounding pregnancy protection that employers need to be aware of, including the recently enacted Pregnant Workers Fairness Act.
Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) of 1978, amended Title VII of the Civil Rights Act of 19642, making pregnancy a protected class and prohibiting sex discrimination based on:
- Current pregnancy
- Past pregnancy
- Potential pregnancy
- Medical conditions related to pregnancy or childbirth including breastfeeding/lactation
- Having or choosing not to have an abortion
- and Birth Control (contraception)
Pregnant Workers Fairness Act (PWFA)
This new law, enacted in June 2024, requires private employers and public sector employers that have 15 or more employees to provide reasonable accommodations to workers for known limitations related to pregnancy, childbirth, or related medical conditions (unless the accommodation will cause the employer an undue hardship). These accommodations may include the need to sit rather than stand, the ability to carry drinking water, more bathroom breaks, and more3.
Americans with Disabilities Act (ADA)
Another consideration for employers is the relationship between the Americans with Disabilities Act and pregnancy/childbirth. While pregnancy itself is not considered a disability, disabilities may emerge as a result of pregnancy and/or childbirth and are covered under the ADA as such. One example is gestational diabetes, which may require an employer to provide reasonable accommodations for the affected employee.
Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) provides eligible employees job-protected leave for prenatal care or when a pregnant worker is unable to work because of the pregnancy. For adoptive or foster parents, the FMLA provides a right to take leave for required counseling, court appointments and related travel prior to foster care placement or adoption. In addition, it provides a right to unpaid, job-protected leave for not only for the birth, but for an extended time to bond with the child within the first year after birth or placement.
The Role of Employers
While these regulations provide a foundational framework, the role of employers extends beyond mere compliance. Proactive measures can significantly enhance workplace equity and inclusion, benefiting both the organization and its employees. Here are some actionable items to consider:
- Policy Development and Communication: Clear, comprehensive policies are essential. Employers should ensure that their pregnancy-related policies are up-to-date, well-documented, and communicated effectively to all employees. This includes outlining procedures for requesting accommodations, taking leave, and understanding the rights and responsibilities of both the employer and the employee.
- Training and Awareness: Regular training sessions for managers and HR professionals on pregnancy protections are crucial. This training should cover not only the legal requirements but also best practices for supporting pregnant employees. Awareness programs can help dispel myths and biases, fostering a more supportive work environment.
- Accommodations and Flexibility: Employers should be prepared to offer reasonable accommodations to pregnant employees. This might include adjustments to work schedules, modifications to job duties, or providing additional breaks. Flexibility is vital to ensuring pregnant employees can continue performing their duties without compromising their health or wellbeing.
- Inclusive Culture: Cultivating an inclusive workplace culture where pregnant employees feel valued and supported is paramount. This includes recognizing the diverse needs of employees, such as those with high-risk pregnancies or those who may need additional time off due to complications. Encouraging open dialogue and providing access to resources, such as employee assistance programs, can make a significant difference.
Additionally, some states have enacted laws that provide greater protections than federal statutes, such as paid family leave or expanded pregnancy accommodations. Employers must stay informed about these overlapping regulations to ensure full compliance and to provide their employees with the best possible support. This may involve consulting with legal experts or staying updated through professional organizations and government resources.
Conclusion
Navigating the complexities of pregnancy protection regulations requires a proactive and informed approach. For large employers and those in the federal contracting space, it’s not just about meeting legal obligations but about fostering a workplace where all employees, regardless of their pregnancy status, can thrive. By developing robust policies, providing training, offering accommodations, and creating an inclusive culture, employers can set a standard for pregnancy protections that goes beyond compliance, ensuring equity and respect for all employees.
As employers, your role is to guide these efforts, ensuring that your organizations meet and exceed the standards set by the EEOC, OFCCP, and other governing bodies. This is not just about avoiding legal repercussions—it’s about establishing a safe and supportive workplace for all employees.
Sources:
[1] “12 Stats About Working Women”. https://www.bls.gov/blog/2017/12-stats-about-working-women.htm#:~:text=This%20Women’s%20History%20Month%2C%20we,their%20country%20as%20government%20workers. Accessed 22 August 2024.
[2] “Pregnancy Discrimination and Pregnancy-Related Disability Discrimination”. https://www.eeoc.gov/pregnancy-discrimination. Accessed 23 August 2024.
[3] “What You Should Know About the Pregnancy Workers Fairness Act”. https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act. Accessed 23 August 2024.
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