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Federal Pregnant Workers Fairness Act Gains Steam, Passing House of Representatives – What Do CT, MA and NY Employers Need to Know?

By Martha M. Royston on May 19, 2021
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On May 14, 2021, the U.S. House of Representatives passed the Pregnant Workers Fairness Act (“PWFA”) in a 315-101 vote, moving the bill to the Senate for consideration.  If passed, private sector employers with 15 or more employees and public sector employers will be required to make reasonable accommodations for pregnant workers (i.e., employees and job applicants with known limitations related to pregnancy, childbirth, or related medical conditions).  However, employers are not required to make an accommodation if it imposes an undue hardship on the employer’s business.

The PWFA makes it illegal to deny pregnant workers employment opportunities, retaliate against pregnant workers for requesting reasonable accommodations, and to force pregnant workers to take paid or unpaid leave if another reasonable accommodation is available.  Private sector employees who are denied a reasonable accommodation under the PWFA will have the same rights and remedies as those established under Title VII of the Civil Rights Act of 1964.  These include lost pay, compensatory damages, and reasonable attorneys’ fees.  Public sector employees have similar relief available under the Congressional Accountability Act, Title V of the United States Code, and the Government Employee Rights Act of 1991.

Sound familiar?  It should!  Since 2017, Connecticut law has required that employers with three or more employees provide reasonable accommodations for pregnancy, childbirth, and related conditions. Massachusetts and New York also have laws protecting pregnant workers, as does New York City.  Accordingly, it is unlikely that this new federal legislation will impact the process employers in Connecticut, Massachusetts, and New York already follow with respect to accommodating pregnant workers.  Employers in these states should continue to engage in the interactive process with employees who need accommodations due to pregnancy, childbirth and related medical conditions, in accordance with applicable state law.  If the PWFA passes the Senate and is signed into law, we will post an update about any differences employers should be aware of when navigating the protections provided by federal versus state law.

Photo of Martha M. Royston Martha M. Royston

Martha Royston is an Associate in the Litigation Department and the Labor and Employment Practice Group.

Martha represents employers in a wide variety of cases, including claims of discrimination and retaliation; breach of non-compete and restrictive covenants; and wage and hour violations.  She…

Martha Royston is an Associate in the Litigation Department and the Labor and Employment Practice Group.

Martha represents employers in a wide variety of cases, including claims of discrimination and retaliation; breach of non-compete and restrictive covenants; and wage and hour violations.  She litigates matters before the Commission on Human Rights and Opportunities (CHRO) and in state and federal court, and assists employers with audits and investigations by governmental agencies such as the Connecticut Department of Labor (CT DOL) and the Occupational Safety and Health Administration (OSHA).

Martha also counsels employers on best practices and helps management and human resources professionals navigate personnel issues, including employee discipline; termination and separation; employee leave; and reasonable accommodations.  She drafts employee handbooks and assists employers with crafting personnel policies that suit their particular needs.

Read more about Martha M. RoystonEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Employment Law Perspectives
  • Organization:
    Murtha Cullina LLP
  • Article: View Original Source

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