While all of us at KSB hope school administrators have a calm and relaxing summer, we have important legislation to brief you on. In a previous blog post, we discussed the implications of the PUMP Act which was signed by President Biden on December 29, 2022. At the same time, he also signed the Pregnant Workers Fairness Act (PWFA) which goes into effect on June 27, 2023. (The EEOC actually has a countdown clock until the law’s “due date” which is available here.) This new law requires employers with 15 or more employees to provide “reasonable accommodations” to workers affected by pregnancy, childbirth, or related medical conditions. The definition of “reasonable accommodation” is the same definition found in the ADA. Such accommodations under the PWFA are required unless the accommodation will cause the employer an “undue hardship.”
What might these reasonable accommodations look like? The House Committee on Education and Labor Report on the PWFA was kind enough to provide us with several examples. For instance, a pregnant teacher may request an accommodation to receive closer parking or have the ability to keep a mini-refrigerator in her classroom with snacks and beverages to assist with any blood sugar issues. Another example would be a school custodian who may be excused from strenuous activity due to her pregnancy.
The PWFA also prohibits a host of other activities including: requiring the employee to accept an accommodation without a discussion regarding the accommodation, denying a job or employment opportunity to a qualified individual based on the person’s need for a reasonable accommodation, requiring an employee to take leave if another reasonable accommodation can be provided that would allow the employee to keep working, or retaliating against an individual for reporting a PWFA violation. The PWFA does not limit an employee’s access to other applicable federal laws such as Title VII, the ADA, the FMLA, or the PUMP Act.
Good news for the Nebraska school districts - Nebraska already has an existing state law which provides equivalent protections. The Nebraska Fair Employment Practice Act (Neb. Rev. Stat. § 48-1101) contains many of the same antidiscrimination protections which are now found in the PWFA. South Dakota schools - there are no current state protections in South Dakota. Therefore, we recommend you review the PWFA and ensure compliance with this new law.
If you have any questions about the PWFA or applicable state laws regarding pregnancy, please feel free to contact Karen, Steve, Bobby, Coady, Jordan, Tyler or Sara at (402) 804-8000, or send everyone an email at ksb@ksbschoollaw.com.