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Photo of Michelle Cohen Levy
Photo of Michelle Cohen Levy

Fighting Back Against Pregnancy Discrimination

Many women who become pregnant while working are surprised to learn that their pregnancy puts them in a protected class of people in this country. They may be even more surprised to learn there is a legal act in place that offers them legal protections. It is the Pregnant Workers Fairness Act and it became law in 2023.

I am attorney Michelle Cohen Levy, and I am here to protect you from pregnancy discrimination and answer any questions you may have. Before you meet with me at The Law Office of Michelle Cohen Levy, P.A., I wanted to answer some of the more common questions about pregnancy discrimination.

What is the Pregnant Workers Fairness Act?

The Pregnant Workers Fairness Act (PWFA) is a law that requires most employers to provide their pregnant workers with reasonable accommodations to any limitations they are experiencing with their pregnancy, birth, and medical needs, as long as it does not result in an “undue hardship” for the business.

When did enforcement of the PWFA begin?

There is a reason that you may not have heard about this law regarding employees, as it is not very old. PWFA is a new law that only went into effect on June 27, 2023.

Who is protected by the PWFA?

The PWFA protects anyone working for a business that has at least 15 employees, and also has medical limitations related to their pregnancy, childbirth, or other conditions.

What does the PWFA prohibit?

The PWFA prohibits employers from:

  • Forcing any reasonable accommodation onto an employee without prior discussion
  • Denying career advancement based on needed accommodations
  • Mandating that an employee has to take leave if an accommodation can allow that employee to continue working
  • Retaliating against anyone requesting accommodation or violating an employee’s rights under the PWFA

What are examples of reasonable accommodations under the PWFA?

“Reasonable accommodations” are any changes that an employer can make to help a protected worker without limiting the performance of the business. Examples of these accommodations include:

  • A closer parking spot
  • Flexible working hours
  • Additional bathroom opportunities
  • Granting time off

While employers are required to provide reasonable accommodations to qualifying employees, they are not obligated to provide any accommodation if it comes at a great expense or difficulty to the employer.

Get More Answers With Me

I am proud to offer my legal services to clients throughout Florida, and I am eager to help you through your PWFA needs. Call me at 954-687-9782 or email me to schedule your initial consultation today to begin discussing if you are being discriminated against for lack of reasonable accommodation or answering any other questions.