Rebecca B. Stein

Volume 28.1 (download PDF)

Abstract

The Pregnant Workers Fairness Act (“PWFA”) establishes the first federal standard to protect pregnant workers by explicitly granting them the right to reasonable workplace accommodations. Historically, pregnant workers have faced challenges in receiving the necessary accommodations due to limited legal protections, often forcing them to choose between income and health. Previous legislation, such as the Pregnancy Discrimination Act of 1978 and the Americans with Disabilities Act, provided insufficient protection.

This comment examines the PWFA’s potential impact, analyzing factors influencing its effectiveness and critiquing its limitations. It also explores recent state legal challenges to the PWFA in conjunction with the Supreme Court’s decision to overrule Chevron deference.
This comment argues that while the PWFA significantly advances pregnant workers’ rights, its effectiveness depends on employer compliance, worker awareness, and utilization despite potential concerns of at will employees and procedural rules. Additionally, the overturning of Chevron deference may impact employees’ access to abortion-related workplace accommodations. The analysis is divided into two parts: (1) an examination of the PWFA in the context of existing federal laws and its potential effectiveness, and (2) an exploration of district court approaches to the PWFA’s lawfulness, considering the implications of overruling Chevron.
This comment concludes that while the PWFA is a bipartisan win for pregnant workers, more comprehensive federal legislation is needed to address pregnancy discrimination fully. Furthermore, the future of the PWFA remains uncertain, given recent changes in administrative law. Federal courts are more likely to rule against the Equal Employment Opportunity Commission’s (EEOC’s) interpretation of abortion as an example of a “related medical condition” warranting accommodation.