The Pregnant Workers Fairness Act (PWFA) is a new law that requires employers to provide reasonable accommodations to pregnant women and women who have recently given birth, along with women with related medical conditions. While these accommodations may seem like a natural offering, that’s not really the case for many women.
One of the biggest advocates who helped pass this law was Natasha Jackson. Thirteen years ago, she was put on leave from her job as a furniture store manager when she was three months pregnant with her third baby. The store put her on unpaid time off for 12 weeks through the Family and Medical Leave Act (FMLA). Why? Because his doctor gave him a standard recommendation that he should not lift anything over 20 pounds.
When his vacation was over, Jackson wanted to get back to work. She was told she had to wait until after the baby was born, and then could come back if her position was still available. Two months after her baby was born, she received a letter saying she was out of a job. She brought a claim against the company for pregnancy discrimination, but lost in arbitration. Because he was the main breadwinner for his family, they struggled with homelessness and Jackson ended up in divorce.
With the new law, a person who is pregnant or has just given birth no longer has to worry about losing their job and their economic security for any reasons related to their pregnancy. They cannot be terminated for being pregnant, or for the accommodations that come with that condition. Additionally, they cannot be fired due to the need to recover, which also protects them during the postpartum period.
The law was signed by President Biden in 2022, and will close a loophole in legally protected categories of people who can request accommodation from their employers. Now pregnant women can feel secure that they don’t have to choose between financial security and a healthy pregnancy. There is already a Pregnancy Discrimination Act in place, but it is rarely enforced and does not respond to making accommodations for pregnancy, so that women can continue to work.
Our team of experts will listen carefully to you and tailor a comprehensive family planning plan to your specific wishes and needs. After evaluating your assisted reproduction needs, we will draft any necessary contracts, provide you with a thorough legal consultation to explain the terms of the contract, and finalize your parental rights, if necessary. Contact us today at schedule a consultation!
