Pregnancy and workplace rights
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EmailUnder the Pregnant Workers Fairness Act of 2023, employers are required to provide reasonable accommodations to their employees for performing their job duties during pregnancy.
In 1978, the Pregnancy Discrimination Act was passed in the U.S. to protect pregnant workers in the workplace. This law made it illegal for employers to consider pregnancy in hiring, firing, and promotion decisions and stated that employers must focus on equal treatment of pregnant and non-pregnant employees.
The Pregnant Workers Fairness Act (PWFA), which took effect in 2023, expands upon the Pregnancy Discrimination Act of 1978. Under PWFA, in addition to equal treatment, all employers with 15 or more employees are required to provide reasonable accommodations to employees for pregnancy, childbirth, or other related medical conditions. Examples of reasonable accommodation include longer or more flexible breaks, the option to work remotely, temporarily changing workstations or equipment, providing a sitting stool and other accommodations.
Key points:
- Workers can request accommodation to perform their jobs adequately during pregnancy.
- Employers cannot deny employment to people who are pregnant or have a related medical condition and request accommodation.
- Employers cannot require employees who are pregnant or have a related medical condition to take leave if reasonable accommodation can be made.
- Employers cannot act negatively or retaliate against an employee who wants to use reasonable accommodation.
Protection measures for workers in Michigan
Michigan has additional laws that protect against discrimination in the workplace that complement the PWFA including:
- Elliott-Larsen Civil Rights Act: This law prohibits discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status in employment, housing, education, and access to public accommodations, and has been expanded to the LGBTQ+ community as well in 2023.
- Michigan Breastfeeding Antidiscrimination Act of 2014: Under this law, parents have the right to breastfeed in public spaces without fear of discrimination or harassment. Most recently, Michigan SB 351 expanded upon the act of 2014, which protects a birthing person's right to breastfeed in public to now include protection for human milk expression (pumping in public). Governor Gretchen Whitmer signed this bill expansion into law in October 2024.
