The Pregnant Workers Fairness Act (PWFA) places clear obligations on employers to support pregnant employees by providing reasonable accommodations. With recent enforcement actions by the Equal Employment Opportunity Commission (EEOC), businesses must be proactive in understanding these requirements to avoid legal consequences. This article covers what employers need to know to stay compliant with the PWFA and related protections for pregnant workers.
Why the Pregnant Workers Fairness Act (PWFA) Matters
The EEOC recently filed multiple lawsuits against employers for failing to adhere to the PWFA, underscoring the importance of compliance. One case involved an employer requiring a pregnant employee take unpaid leave. In another instance, an employer terminated a pregnant employee after she requested time off for medical appointments. Such cases illustrate the need for employers to be well-versed in the PWFA, as non-compliance may result in allegations of violations of other federal laws, including Title VII of the 1964 Civil Rights Act and the Pregnancy Discrimination Act.
Understanding Related Protections: PUMP Act, FMLA, and State Laws
Beyond the PWFA, other regulations provide additional protections for pregnant employees. Employers must also comply with:
- Providing Urgent Maternal Protections (PUMP) Act: Ensures nursing mothers have access to private spaces and break time for expressing milk.
- Family Medical Leave Act (FMLA): Provides eligible employees with unpaid, job-protected leave for specific family and medical reasons, including conditions related to pregnancy.
- State Protections: Most states offer additional protections for pregnant employees, so employers should stay updated on local regulations.
Being aware of these regulations can help businesses implement comprehensive policies that meet the numerous compliance requirements.
Key Requirements of the PWFA: Accommodations for Pregnancy-Related Conditions
The PWFA requires employers with 15 or more employees to provide reasonable accommodations to employees that have known limitations related to pregnancy, childbirth, and other related medical conditions. These requirements are similar to the Americans with Disabilities Act (ADA), as both laws require employers to engage in an interactive process with employees to determine appropriate accommodations. Employers should:
- Identify Eligibility: Recognize situations where the PWFA may apply and engage the interactive process with the employee.
- Provide Reasonable Accommodations: Offer support, unless doing so would cause undue hardship. An employer’s failure to engage in the interactive process will in most cases support a claim of violation of the PWFA.
- Act Swiftly: Pregnancy-related accommodations are often temporary, so quick action is essential to avoid delays or legal issues.
Unique Provisions of the PWFA: What Sets It Apart from the ADA
While the PWFA has similarities with the ADA, it also includes unique requirements that employers need to understand:
- Automatic Accommodations: In most cases, pregnant employees must be allowed to drink water, take extra bathroom breaks, or sit/stand as needed without providing medical documentation.
- Minimal Documentation Requirements: EEOC guidance specifically provides that employers may not require supporting documentation from a doctor in most situations and denials based on lack of documentation are limited. This is because pregnancy-related accommodations are often temporary and should be addressed promptly.
- Interim or Temporary Accommodations: The EEOC guidance expects employers to offer interim accommodations which should be put into place while a determination on reasonable accommodations is pending to avoid undue delay. Furthermore, the PWFA specifically provides for implementation of accommodations related to temporary restrictions or limitations lasting less than 40 weeks.
Understanding these distinctions helps employers offer the right accommodations and avoid practices that could be viewed as discriminatory or obstructive.
Avoiding Discrimination and Retaliation under the PWFA
Employers must be mindful of potential discrimination or retaliation against employees seeking accommodations under the PWFA. This includes:
- Non-Discriminatory Hiring: Refusing to hire an applicant who is pregnant and in need of an accommodation or may become pregnant and need an accommodation in the future is prohibited.
- Anti-Retaliation Policies: Retaliating against an employee who is pregnant, requests accommodations, or takes protected action under the PWFA is also prohibited. .
To foster compliance, employers should train all managers on PWFA requirements, and the risks and consequences associated with denying an accommodation request or engaging in retaliatory actions.
Ensuring Compliance with PWFA and Related Protections
Navigating compliance with the PWFA requires proactive policies, continuous training, and professional guidance. Here are steps that employers can take to maintain compliance:
- Policy Review: Regularly review and update policies with guidance from HR professionals or legal experts.
- Manager Training: Educate managers on recognizing and addressing accommodation requests respectfully and lawfully.
- Proactive Monitoring: Keep abreast of changes to federal and state laws affecting pregnant employees.
By staying informed and proactive, businesses can create a supportive environment for pregnant employees, reduce legal risks, and demonstrate commitment to employee well-being.