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Client Alert
Pregnant Workers Fairness Act / Puerto Rico
By: Angel Berberena, Esq.
June 26, 2023
The Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023, and requires employers to provide reasonable accommodations for job applicants and employees with known limitations related to pregnancy, childbirth, and related medical conditions.
The PWFA applies to “covered employers” which are defined as private and public sector employers with at least 15 employees, Congress, federal agencies, employment agencies, and labor organizations. The Act applies only to accommodations, and does not replace federal, state, or local laws that provide greater protections to workers affected by pregnancy, childbirth, or related medical conditions; like most found in Puerto Rico under the Maternity Leave Act and the Breastfeeding Act which require mandatory paid leaves and special protections and leaves to pregnant or lactating employees.
Covered employers are to provide reasonable accommodations unless the employer can demonstrate that the accommodation would cause an “undue hardship” on its operations. Undue hardship will be based on the employer’s size, resources, and business structure, among others.
The PWFA also prohibits employers from:
- Requiring a qualified employee to accept an accommodation that is unreasonable or without an interactive process.
- Deny employment to a qualified employee or candidate based on the need to provide reasonable accommodation.
- Require a qualified employee to take a leave if another reasonable accommodation can be provided to the known limitation.
- Take any adverse action against the qualified employee on account on the request or use of the reasonable accommodation.
Once a request including the pregnancy-related limitations and accommodation needed is made, the employer is to contact the employee to discuss the request and determine whether an accommodation is reasonable. The reasonableness of an accommodation is to be determined on an individual basis but may include: sit while working; closer parking; adequate uniforms and safety gear; flexible hours; breaks or additional breaks; break from strenuous activities or activities that may involve exposure to compounds not safe during pregnancy.
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