Legal Update: Pregnant Workers Fairness Act (PWFA)
This week, the EEOC issued its final rule on the Pregnant Workers Fairness Act. The PWFA has been in effect since June 27, 2023, so employers who have not yet taken steps to ensure compliance should do so immediately.
The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to workers with limitations related to: pregnancy, childbirth, or any related medical conditions. Accommodations must be provided as needed to qualified employees unless providing the accommodation would create an undue hardship on the business.
The PWFA applies to all employers with 15 or more employees and covers both employees and applicants.
The accommodations requirements under the PWFA are fundamentally the same as the requirements under the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to qualified employees with disabilities. Notably, however, the PWFA does not require that an employee have any kind of disability. Therefore, an individual may be entitled to accommodations under the PWFA for things beyond health conditions relating to pregnancy.
The EEOC has specifically provided the following examples of possible reasonable accommodations under the PWFA:
- Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom;
- Revised uniform or dress code requirements, or providing safety equipment that fits;
- Leave to attend healthcare appointments;
- Leave to recover from childbirth, a miscarriage, or other medical conditions related to pregnancy or childbirth.
Determining whether a requested accommodation is reasonable requires careful consideration of an employee’s role and the employer’s business. If you need assistance analyzing how the law applies to an employee’s particular circumstances, please reach out to one of the attorneys at our firm.
Key Takeaways:
Employers who have not yet reviewed their policies and practices to ensure compliance with the PWFA should promptly do so. Employers should also immediately inform all managers of the new law’s requirements, and consider training management employees on how to properly respond to requests for accommodation, both for employees who are pregnant or have pregnancy related health concerns, and for employees who need an accommodation for a disability. Our firm is here to answer any questions you may have about the PWFA and how it applies to your business.