Differences between the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act

The Pregnancy Discrimination Act (PDA) and the Pregnant Workers Fairness Act (PWFA) are both aimed at preventing discrimination against pregnant individuals in the workplace, but they have some key differences:

Coverage and Scope:

• Pregnancy Discrimination Act (PDA): Enacted in 1978, the PDA is an amendment to Title VII of the Civil Rights Act of 1964. It prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions in employment practices such as hiring, firing, promotions, and other terms and conditions of employment. It applies to employers with 15 or more employees, including federal, state, and local governments.
• Pregnant Workers Fairness Act (PWFA): This act provides more explicit protections for pregnant workers. It requires employers to provide reasonable accommodations to pregnant employees or those with pregnancy-related conditions, such as allowing more frequent breaks, modified work duties, or temporary transfer to less strenuous or hazardous positions. The PWFA applies to employers with 15 or more employees, similar to the PDA.

Legal Basis:

• Pregnancy Discrimination Act (PDA): The PDA amended Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. The PDA clarifies that discrimination based on pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.
• Pregnant Workers Fairness Act (PWFA): The PWFA would be a standalone piece of legislation specifically addressing the rights of pregnant workers. It is intended to complement existing laws like the PDA and the Americans with Disabilities Act (ADA) by providing additional protections and accommodations for pregnant employees.

Protections Provided:

• Pregnancy Discrimination Act (PDA): The PDA primarily focuses on preventing discrimination against pregnant employees in hiring, firing, promotions, and other employment practices. It does not explicitly require employers to provide accommodations for pregnant workers unless similar accommodations are provided to other employees with temporary disabilities.
• Pregnant Workers Fairness Act (PWFA): The PWFA explicitly requires employers to provide reasonable accommodations for pregnant employees or those with pregnancy-related conditions, regardless of whether they qualify as disabilities under the ADA. This could include accommodations such as adjusted work schedules, modified tasks, or temporary transfers to different positions.

In summary, while both the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act aim to protect pregnant individuals from discrimination in the workplace, the PWFA provides more explicit protections and requires employers to provide reasonable accommodations for pregnant workers.

If you or someone you know has been discriminated against in the workplace due to pregnancy or pregnancy related conditions, contact The Justice Law Firm, LLC today for a FREE consultation.