Washington, D.C. (June 28, 2023) – On June 27, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) updated the "Know Your Rights: Workplace Discrimination Is Illegal" poster. Significantly, the new poster includes information about the Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022. PWFA requires covered employers to provide "reasonable accommodations" to a worker's known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation causes the employer an "undue hardship." The PWFA also requires covered employers to post a notice describing the law's protections. This Act does not replace any federal, state, or local law that may be more protective of workers affected by pregnancy, childbirth, or related medical conditions.
The House Committee on Education and Labor Report on the PWFA provides examples of possible "reasonable accommodations," descriptions of which may also be accessed on the EEOC's website here and here. These include the ability to sit or drink water, receive closer parking, have flexible hours, receive additional break time to use the bathroom, eat, and rest, and take leave or time off to recover from childbirth. Employers are required to provide these accommodations unless they cause "undue hardship" on the employer's operations. "Undue hardship" in this context means significant difficulty or expense to the employer.
Moreover, a covered employer may not require an employee to accept an accommodation without prior discussion with the employee, cannot deny a job or other employment opportunities to a qualified employee or applicant based on the person's need for a reasonable accommodation, or require an employee to take leave if another reasonable accommodation can be provided that would allow the employee to keep working.
Employers should download and print the two-page PDF from the EEOC website and post the updated version within a reasonable amount of time. As the EEOC provides on its website, employers also should ensure that the poster is shared in a conspicuous area where notices are customarily posted. Specifically, the Americans with Disabilities Act (ADA) requires that notices be made available in an area that is accessible to applicants and employees with disabilities that limit mobility. In addition, notices should be made available in an accessible form for persons with disabilities that limit the ability to see or read. Furthermore, in the new work-from-home environment, employers are encouraged to post the notice digitally on their websites in a conspicuous area so that employees who are not working in the office are made aware of the notice.
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