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In December of 2022, President Joe Biden signed the Pregnant Workers Fairness Act (PWFA) which came into effect on June 27, 2023. The PWFA expands on the current EEOC protections, rights, and accommodations for covered pregnant employees. To qualify as a "covered employee", the individual's workplace must have over 15 employees. However, the new act only applies to incidents that occurred after June 27, 2023.

The PWFA expands existing anti-discrimination laws to include additional protections for pregnant workers such as the ability to sit and drink water on shift, have flexible hours, be provided with additional break times for rest and eating, extended leave time for childbirth, and the right to be excused from strenuous activities and/or exposure to activities or compounds that may be unsafe for pregnant workers.

The PWFA also prohibits employers from requiring employees to accept accommodations without prior discussion, requiring employees to take leave if other reasonable accommodations are available, and retaliating against employees who report or oppose discriminatory activities.

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