In 2023, Congress passed the Pregnant Workers Fairness Act (PWFA), a law aimed at ensuring fair treatment for workers who are affected by pregnancy, childbirth, or related medical conditions. The Equal Employment Opportunity Commission (EEOC) provided comprehensive regulations on the PWFA in 2024, establishing clearer guidance for employers.
The PWFA represents a significant shift in workplace protections for pregnant employees, requiring employers to update their policies, train staff, and be prepared to evaluate accommodation requests swiftly and fairly.
Overview of the Pregnant Workers Fairness Act (PWFA)
The PWFA mandates that employers provide reasonable accommodations to employees experiencing limitations related to pregnancy, childbirth, or related medical conditions. This includes limitations that may arise before, during, or after pregnancy, such as conditions affecting fertility, lactation, or postpartum depression. Unlike the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), which require accommodations for workers with disabilities, the PWFA adopts a broader definition of “limitation.” This includes minor and episodic conditions, such as pain while standing, fatigue, or the need for time off for medical appointments.
Accommodations Under the PWFA
A significant departure from the ADA and FEHA is that the PWFA requires employers to offer accommodations even if an employee cannot perform the essential functions of their role, provided the inability is temporary and can be reasonably accommodated. However, employers are not required to provide accommodations that would cause an “undue hardship.” The EEOC has set forth factors to consider when determining whether an accommodation would pose an undue hardship, including the duration of the accommodation.
The PWFA regulations expressly deem certain accommodations reasonable under most circumstances. These include providing employees with water at their workstation, allowing additional breaks, or offering seating for employees who would typically stand. Such accommodations should be granted unless the employer can provide strong justification for denying them based on undue hardship.
Documentation Requirements
The PWFA limits when employers can request medical documentation from employees seeking accommodations. The EEOC has stated that documentation requests should only be made when reasonable to do so, acknowledging that pregnant workers may face challenges in obtaining documentation or even medical appointments. The EEOC deems it unreasonable to require documentation when the need for accommodation is obvious. For example, if an employee needs a different uniform size or requires lactation accommodations, no supporting documentation is needed. However, for more specific requests, like lifting restrictions, employers may reasonably request medical documentation to ensure safety and proper accommodation.
To comply with the PWFA, employers should update their pregnancy accommodation and leave policies. It is crucial to train managers, HR personnel, and anyone responsible for handling accommodation requests to understand the new requirements. Employers should also assess whether the accommodations expressly deemed “reasonable” under the PWFA could pose an undue hardship and take quick action in handling requests.
