Pregnant Workers Fairness Act (PWFA) in Florida: What Accommodations Can You Request at Work?

Pregnant employees in the workplace may face uncertainty about what going to work while pregnant will be like. What are reasonable accommodations for pregnancy?  Does my job have to accommodate me if I’m pregnant? What qualifies as pregnancy discrimination? The Pregnant Workers Fairness Act (PWFA) was recently passed into law to help ease some of these concerns and ensure helpful accommodations for pregnant workers throughout the United States. 

Signed into law in December 2022, the PWFA generally requires covered employers to provide reasonable accommodations for qualified employees and applicants affected by pregnancy or related medical conditions, unless the accommodation would create an undue hardship… These accommodations can include more frequent bathroom breaks, providing closer parking to reduce walking distances, modifying workplace policies that require prolonged standing, or adjusting uniform or safety equipment requirements when standard items no longer fit properly due to pregnancy.

This law may also apply to those who are returning to the workplace after giving birth. Under the PWFA, an employer cannot discriminate or retaliate against pregnant workers because of their limitations or requests for accommodation. 

If you believe your employer failed to provide a reasonable accommodation, denied your rights under the PWFA, or treated you unfairly because of pregnancy, childbirth, or a related medical condition, contact the pregnancy discrimination attorneys at Wenzel Fenton Cabassa, P.A. for a free case evaluation. For more than 30 years, our Florida employment lawyers have represented employees in discrimination, retaliation, and workplace accommodation disputes and have extensive experience handling pregnancy-related employment claims. We understand the challenges employees can face during pregnancy and are dedicated to protecting their rights in the workplace.

Understanding Your Rights Under the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) generally applies to employers with 15 or more employees. The law covers employees and job applicants who have known limitations related to pregnancy, childbirth, or related medical conditions.

Under the PWFA, covered employers must provide reasonable accommodations, unless they can prove doing so would create an undue hardship. Reasonable accommodations are typically small changes to allow the employee to continue working safely and effectively. Reasonable accommodations are those that do not cause “undue hardship” on an employer. An undue hardship exists when a requested accommodation would create a significant difficulty or expense for an employer considering the company’s size, resources, and business operations. The employer would have to prove that these accommodations are too difficult or expensive to implement.

PWFA protects pregnant employees not just by requiring employers to provide reasonable accommodations, but also by making it illegal for employers to force a pregnant employee to take paid or unpaid leave. The law also protects pregnant employees from retaliation for requesting an accommodation. An employer cannot harass or penalize a pregnant employee. These protections also apply to job applicants. 

Pregnant workers in the state of Florida should understand their rights in the workplace. These include accommodation rights as a result of the PWFA. Legislation such as the PWFA can help ensure a better workplace for pregnant workers and prevent discrimination for requesting PWFA accommodations. 

How the PWFA Differs from the ADA and FMLA?

The Pregnant Workers Fairness Act overlaps to a degree with similar workplace laws, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), that provide support to pregnant workers. All three offer help and protection, but in different ways. PWFA focuses on the need for reasonable accommodations in the workplace. 

The ADA does this as well, but on a broader scale for any employee with a disability, not just pregnant workers. Meanwhile, the FMLA focuses on employee leave and job protection. This law allows employees to be eligible for up to 12 weeks of unpaid leave for family and medical reasons, including caring for a newborn. The FMLA also protects the jobs of employees who go on leave, giving them the right to return once leave ends. 

The PWFA was designed to provide more accommodations for those specifically dealing with a pregnancy, including medical conditions following pregnancy. If you are experiencing issues related to pregnancy accommodations, medical leave, or pregnancy discrimination at work, contact the Pregnant Workers Fairness Act attorneys at Wenzel Fenton Cabassa, P.A.

Who Is Protected Under the PWFA?

The Pregnant Workers Fairness Act provides coverage for workers who need accommodations in the workplace because they are pregnant or are returning to work after a recent pregnancy. This coverage is available to those who work for an employer with more than 15 employees, whether they are in the public or private sector. The law allows the following employees to request accommodation at work:

• Pregnant Employees
• Workers Recovering from Childbirth
• Employees with Related Medical Conditions
• Job Applicants Seeking Accommodations During the Hiring Process

What Is a Reasonable Accommodation Under the PWFA? 

In summary, a reasonable accommodation is any change an employee might need to make to their work environment in order to meet their health, safety, and comfort needs during or immediately after a pregnancy. These accommodations cannot cause “undue hardship” on the employer, meaning that they cannot be too expensive or simply too difficult for the employer to provide. 

Common Workplace Accommodations You Can Request

Reasonable accommodations are small changes that can be made to a regular workday that will help an employee work more comfortably and effectively during or after pregnancy. Keep in mind that these requests cannot impose “undue hardship” on the employer, meaning they cannot be too expensive or simply not possible for the employer to provide. Some common workplace accommodations include:

More Frequent Breaks

Scheduling more frequent breaks will help to accommodate the need for more restroom breaks. The same can be said about more water breaks. More frequent breaks also allow a pregnant worker more opportunity to sit or rest.

Modified Work Schedules

Flexible scheduling may accommodate pregnancy-related medical appointments. These schedule modifications can be made temporarily to assist a pregnant employee through their pregnancy. 

Light-Duty Assignments

Temporary restrictions and reassignment of physically demanding tasks, such as heavy lifting, can be made to accommodate pregnant employees. These restrictions can be made for some portions or all of the pregnancy. These employees can be reassigned to alternative job duties instead.  

Seating and Workstation Adjustments 

A small chair or even a stool can be provided to a pregnant worker to help them get through their workday. Office workers can be provided with ergonomic accommodations such as an office chair for better posture and increased comfort. Any other modifications to the workstation that would help reduce physical strain can also help. 

Time Off for Pregnancy-Related Medical Needs

A pregnant employee can request to be accommodated with additional time off for pregnancy-related medical needs. In the aftermath of childbirth, an employee may also need additional time off to accommodate recovery. The Family and Medical Leave Act typically covers leave considerations under federal law, but employees who are not eligible for FMLA can request time off through the PWFA. 

Can Your Employer Deny an Accommodation Request?

Employers may deny a request for accommodation under the Pregnant Workers Fairness Act if the accommodation would cause an “undue hardship” for the business. What does an “undue hardship” mean? These would be situations where the requested accommodation would simply be too expensive or physically impossible for the employer to provide. 

Red flags that may indicate an employer is in violation of the PWFA include:

• Delaying, stalling, or ignoring an accommodation request
• Forcing a pregnant employee to take unpaid time off
• Reducing hours or pay 
• Denying accommodations that are routinely provided to other employees with temporary limitations

A more obvious instance of your employer in violation of the PWFA would be instances of retaliation, which are also prohibited under the law.

What Happens If Your Employer Retaliates Against You?

Instances where an employer punishes an employee for requesting accommodations are known as retaliation. Retaliation is a violation of an employee’s legal rights. Examples of unlawful retaliation include firing an employee or eliminating their position shortly after they disclose a pregnancy, reducing an employee’s hours against their wishes, forcing an employee to take unpaid leave involuntarily, giving the employee a demotion, or cutting an employee’s pay. 

If you believe you were punished for requesting a pregnancy-related accommodation or asserting your rights under the PWFA, contact the pregnancy retaliation attorneys at Wenzel Fenton Cabassa, P.A. for a free case evaluation. We have extensive experience helping employees identify unlawful retaliation, protect their workplace rights, and pursue justice when those rights have been violated.

Common PWFA Violations in Florida Workplaces

The most common Pregnant Workers Fairness Act violations are those in which an employer fails to provide accommodations for a pregnant worker or a worker who is returning to work after a pregnancy and/or dealing with medical conditions related to a past pregnancy. It’s also fairly common that an employer will force pregnant workers to take leave instead of providing workplace accommodations. The PWFA requires that workplaces provide reasonable accommodations when requested for pregnant workers. The most common PWFA violations our employment law firm sees in Florida workplaces include:

• Refusing Reasonable Accommodations
• Forcing Employees onto Leave Unnecessarily
• Failing to Engage in the Interactive Process
• Taking Adverse Action Against Pregnant Workers 

Contact Wenzel Fenton Cabassa for a free case evaluation if you are an employee in the state of Florida and believe your employer violated the PWFA.

What Should You Do If Your Rights Are Violated?

You should contact an experienced pregnancy discrimination attorney if you believe your rights have been violated by your employer. Pregnancy should never force an employee to choose between their health, their family, and their career. For more than 30 years, the Florida employment attorneys at Wenzel Fenton Cabassa, P.a. have helped employees stand up to unlawful workplace practices, navigate the EEOC process, and pursue justice when their rights have been violated. Contact us today for a free, confidential case evaluation. Our firm works on contingency because we believe no employee should have to choose between protecting their rights and protecting their finances.