Insights

Understanding the Pregnant Workers Fairness Act and Its Impact in New York and New Jersey

The Pregnant Workers Fairness Act (“PWFA”), effective June 18, 2024, marks a significant milestone in workplace equality by mandating reasonable accommodations for employees experiencing limitations due to pregnancy, childbirth, or related medical conditions. This federal law adds a critical layer of protection for pregnant workers, ensuring they can maintain their employment while receiving necessary accommodations. For residents of New York and New Jersey, both known for their comprehensive labor protections, the PWFA enhances existing state laws and provides additional clarity.

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Overview of the PWFA

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The PWFA requires covered employers to offer reasonable accommodations unless it causes undue hardship. It applies to private employers, state and local governments, Congress, federal agencies, employment agencies, and labor organizations with 15 or more employees.

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Examples of reasonable accommodations include:

Additional breaks
Modified work schedules
Temporary reassignment
Access to water or food during work hours
Adjustments to equipment or workstations
Telework options

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For more information on the PWFA, visit the EEOC’s official website.

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Impact in New York

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New York State has been a pioneer in advocating for workers' rights, including protections for pregnant workers. The New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”) already mandates reasonable accommodations for pregnancy-related conditions. The PWFA builds upon these protections by establishing a federal standard, ensuring uniformity across the state.

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One key impact of the PWFA in New York is its focus on temporary accommodations. Under the PWFA, employees unable to perform essential job functions due to pregnancy-related limitations are still considered "qualified" if these limitations are temporary and can be accommodated in the near future. This aspect aligns with New York’s commitment to preserving employment for pregnant workers while they manage health-related challenges.

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Employers in New York must navigate both state and federal requirements, ensuring compliance with the stricter of the two standards. This dual compliance necessitates updates to workplace policies, training programs, and accommodation procedures to prevent legal complications.

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Impact in New Jersey

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New Jersey also benefits from the PWFA's additional clarity. The New Jersey Law Against Discrimination (“NJLAD”) includes provisions for pregnancy-related accommodations, and the state has enacted its own Pregnant Workers Fairness Act, similar to the federal PWFA.

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With the federal PWFA in place, New Jersey employers must align their policies with both state and federal regulations. This dual-layer protection closes any loopholes and provides a comprehensive framework for accommodating pregnant workers. The PWFA’s specific examples of reasonable accommodations offer valuable guidance for employers, clarifying their obligations and the range of possible adjustments.

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Additionally, the PWFA's provision that prohibits requiring employees to take leave if other reasonable accommodations can be made is particularly impactful in New Jersey. This encourages employers to explore all possible adjustments to keep pregnant workers actively employed, promoting job continuity and economic stability for expectant mothers.

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Preparing for Compliance

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Employers in New York and New Jersey should take proactive steps to comply with the PWFA by:

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Reviewing and updating accommodation policies to reflect both state and federal requirements;
Training HR personnel and supervisors on recognizing and responding to accommodation requests; and
Documenting all accommodations and handling requests promptly to avoid potential claims of discrimination or non-compliance.

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Both states provide resources to help employers and employees understand their rights and responsibilities under the new law. The EEOC’s webpage on the PWFA offers comprehensive guidelines, including a summary of key provisions, frequently asked questions, and tips for businesses.

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Conclusion

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The PWFA represents a significant advancement in protecting pregnant workers' rights across the United States. For New York and New Jersey, states with strong existing protections, the PWFA offers additional clarity and a standardized federal framework that enhances the well-being of pregnant workers. Employers in these states must ensure they are well-versed in both state and federal requirements to provide the necessary accommodations and support to their employees.

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As the legal landscape evolves, staying informed and seeking legal counsel will be crucial for both employers and employees. The EEOC’s ruling marks a significant shift in employment practices, promising a more dynamic and competitive job market in New York, New Jersey, and beyond.

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At John J. Zidziunas & Associates, LLC our employment discrimination lawyers represent employees that have been harmed in New Jersey and Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, or Suffolk County workplaces. For more information on how the PWFA affects your rights and responsibilities, call us at (973) 509-8500 or contact us here. We represent workers on a contingency fee basis with free consultations. We also defend employers being sued for frivolous and non-legitimate claims.

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