On October 29, 2024, Business Insurance quoted Allison Gotfried and Mary Gardner on the impacts of a recent spike in Pregnant Workers Fairness Act (PWFA) lawsuits. According to the article, the PWFA was enacted in 2023 to fill gaps in the decades-old Americans with Disabilities Act (ADA).
Under the law, companies with 15-plus employees must make reasonable accommodations for workers whose capabilities are limited by conditions associated with pregnancy in most circumstances.
“The PWFA differs from the ADA by limiting how much and the type of medical information a company can seek from an employee after an accommodation request is made and by providing examples of accommodations that would generally be considered reasonable,” said Gotfried. “It also says companies may have to temporarily suspend an essential job function as a reasonable accommodation, which is not the case under the ADA,” she added.
Business Insurance reported that many impacted people alerted authorities about their employer failing to provide them with reasonable accommodations. “EEOC lawsuits alleging violations of the PWFA are most likely to trigger employment practices liability insurance policies, which provide coverage for lawsuits brought by existing and potential employees,” Gardner explained. “Full coverage for settlements will depend on whether a policy has exclusions that may apply to certain PWFA accommodation claims, such as an exclusion for claims regarding failure to provide rest breaks.”
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