New Law Requires ‘Accommodations’ Around Pregnancy

2 min read

June 27, 2023 -- Millions of pregnant and postpartum employees gain the right to workplace “accommodations” under a federal law that became effective June 27. 

The Pregnant Workers Fairness Act says that employers with at least 15 workers must make “reasonable accommodations” to those who need them because of pregnancy, childbirth, or related conditions. It will be enforced by the Equal Opportunity Commission.

Prior to the new law, it was already illegal to fire or discriminate against an employee because of pregnancy, childbirth, or a related medical condition. More than 30 states and cities have laws requiring such accommodations.

The EEOC defines “reasonable accommodations” as changes to the work environment or the way things are usually done at work. This can includes things such as “the ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy,” the EEOC says.

NBC News reported that the new law could affect 2.8 million each year, citing the advocacy group National Partnership for Women and Families.

The new law should particularly help pregnant women in low-paying, male-dominated jobs, said Dina Bakst of the workers’ rights advocacy organization A Better Balance, which sought the law for years. 

Mandated bathroom access and water breaks "sound so basic, but for women in retail and other low-wage industries with overly rigid, inflexible jobs, these kinds of accommodations can make a big difference,” she said.