The Pregnant Workers Fairness Act (PWFA) was signed into law as part of the comprehensive Consolidated Appropriations Act of 2023. This Act provides additional protection to pregnant workers and is designed to fill the gap left by the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA).
On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the law. The final regulation went into effect on June 18, 2024. All employers with 15 or more employees must comply with the PWFA.
Employee Coverage Under PWFA
Every year, many employees experience job loss due to pregnancy, either through termination or being placed on unpaid leave, due to a lack of obligation for employers to provide reasonable accommodations.
The PWFA, however, is changing this by requiring employers to modify their policies to include employees who encompass any physical or mental conditions related to, impacted by, or arising from pregnancy, childbirth, or associated medical conditions, regardless of whether they meet the definition of disability under the ADA.
Employer Rules Under PWFA
Under the PWFA, it is illegal for an employer to:
- Refuse reasonable accommodations related to the pregnancy, childbirth, postpartum, or related medical conditions of a qualified individual unless the employer can demonstrate that accommodating would create an undue hardship
- Compel a qualified individual to accept an unreasonable accommodation through the interactive process.
- Deny employment opportunities to a qualified individual based on the need for reasonable accommodation.
- Force a qualified individual to take leave if another reasonable accommodation is available.
- Take adverse employment actions against a qualified individual due to the request or use of reasonable accommodation.
- Coerce employees or other individuals helping employees exercise their rights under PWFA.
Common PWFA Accommodations
Employers may avoid damages by making good-faith efforts to consult with the employee and provide an equally effective and non-hardship-causing accommodation. Accommodation can look like this:
- Permitting more frequent breaks, whether it be for drinking water, eating , resting, or to use the bathroom.
- Assigning tasks with lighter physical demands.
- Providing a stool to sit on.
- Changing a uniform or dress code, like allowing maternity clothes.
- Flexible scheduling, such as shorter hours or part-time work, for prenatal or postnatal appointments.
- Offer a temporary job reassignment that aligns better with their accommodation needs.
- Allowing leave for health care appointments and to recover from childbirth or other related medical conditions.
Frequently Asked Questions
What Counts as a Qualifying Event to Request Workplace Accommodations Under PWFA?
Employees experiencing "pregnancy, childbirth, or related medical conditions" are qualified to request workplace accommodations from their employer. The PWFA law specifies qualifying events that allow for the request of employee accommodations, some of which include uncomplicated pregnancies, lactation, postpartum depression, and more.
What Other Federal Laws That Cover Employee Pregnancies?
There are a few critical federal laws that cover additional compliance requirements for employers, including:
- Title VII: Protects employees from pregnancy-based discrimination in the workplace.
- ADA: Protects employees from disability-based discrimination in the workplace, including pregnancy-related disabilities.
- FMLA: Provides covered employees with job-protected leave for certain medical reasons, which include pregnancy. Note that state-specific FMLA laws can cover more employees than the federal law, such as with CTFMLA vs Federal FMLA.
- PUMP Act: Expands workplace protections for pregnant employees specifically to allow breaks for expressing breast milk at the workplace.
What Qualifies as "Undue Hardship"?
Undue hardship legally means that an accommodation request is deemed significantly difficult, expensive, or ultimately disrupts standard operations. An employer would need to have documented proof that the employee's accommodation request causes undue hardship.
Can Employers Request Information From an Employee's Healthcare Provider?
Generally, an employer cannot request medical information or documentation regarding an employee's pregnancy from their health care provider.
Ensure Compliance with PWFA
Employers should take appropriate steps to ensure compliance and avoid legal penalties. For further information and guidance on implementing a PWFA policy that works for your business, contact an HR consulting service provider.
