The workplace is constantly evolving, and so are the laws that govern it. The Pregnant Workers Fairness Act (PWFA) is one of the latest pieces of legislation designed to ensure that pregnant workers are treated fairly and with the respect they deserve. 

Effective June 18, 2024, this law mandates that employers with 15 or more employees provide reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions. But what exactly does this mean for employers? And how does it differ from existing laws like the Americans with Disabilities Act (ADA)? This blog will break down the key aspects of the PWFA and provide a comprehensive overview of what employers need to know to remain compliant and supportive of their workforce.

What is the PWFA?

The Pregnant Workers Fairness Act (PWFA) is a significant step forward in protecting the rights of pregnant workers in the United States. While the ADA has long provided protections for individuals with disabilities, the PWFA specifically addresses the needs of pregnant workers. 

Unlike the ADA, the PWFA does not require that a condition rise to the level of a disability for an employee to be eligible for accommodations. Instead, the law focuses on maintaining the health and ability of the individual to work during pregnancy and after childbirth.

The PWFA requires employers to provide reasonable accommodations to employees who are pregnant, have recently given birth, or are dealing with related medical conditions. These accommodations are intended to ensure that employees can continue to perform their job duties safely and effectively. Importantly, the law also modifies the documentation requirements, making it easier for employees to request accommodations. The minimum documentation needed is enough to confirm the condition and describe the necessary adjustments at work due to the limitation.

Who is Covered Under the PWFA?

The PWFA applies to employers with 15 or more employees, meaning that it covers a significant portion of the workforce in the United States. This broad coverage ensures that a wide range of employees can benefit from the protections offered by the PWFA.

One of the most notable aspects of the PWFA is its inclusion of abortion-related accommodations. Unlike some other laws that might tie such accommodations to insurance policies, the PWFA mandates that employers provide reasonable accommodations in these cases as well. This broad coverage reflects the law’s intent to provide comprehensive protections for all aspects of pregnancy, childbirth, and related medical conditions.

Furthermore, the PWFA has a sweeping definition of what it means to be a “qualified” employee. Under this law, many more employees will be deemed qualified for protection than under previous legislation. 

The law recognizes that there are essential job functions that an employee might temporarily be unable to perform due to pregnancy or related conditions. However, this temporary inability does not disqualify them from receiving accommodations under the PWFA.

Key Aspects of the PWFA

1. Broad Coverage and Abortion-Related Accommodations

The PWFA‘s coverage is extensive, including accommodations related to abortion—a significant inclusion that sets it apart from many other employment laws. These accommodations are not tied to whether an insurance policy covers them; rather, they are based on the employee’s needs. This aspect of the law underscores its broad and inclusive approach, ensuring that workers facing a wide range of pregnancy-related circumstances are supported.

2. Qualification Criteria for Protection

The law’s definition of a “qualified” employee is intentionally broad. This inclusivity means that many employees, who might not have been considered eligible for protections under the ADA or other laws, will now find themselves covered by the PWFA. For example, employees who temporarily cannot perform certain essential job functions due to pregnancy are still entitled to accommodations. This provision is crucial for ensuring that pregnant workers are not unfairly penalized or excluded from the workforce during a vulnerable time in their lives.

3. Understanding “Limitations” Under PWFA

The term “limitations” within the context of the PWFA is also broadly defined. The law covers any known limitations related to pregnancy, childbirth, or related medical conditions. Importantly, these limitations do not need to be severe or disabling to qualify for accommodation. The law is designed to protect even those with healthy and normal pregnancies, ensuring that they, too, can seek and receive reasonable accommodations as needed.

For an employee to be covered under the PWFA, they must communicate their limitations to their employer. This communication is key to activating the protections offered by the law. Once a limitation is known, the employer is obligated to engage in a dialogue with the employee to determine appropriate accommodations.

4. Possible Accommodations Under PWFA

The PWFA includes a list of potential accommodations that employers might consider providing to pregnant workers. These accommodations are designed to help employees continue working safely and effectively during their pregnancy. Examples of reasonable accommodations under the PWFA might include more frequent breaks, modified work schedules, temporary reassignment to less strenuous or hazardous duties, or the provision of seating for jobs that typically require standing.

The law encourages employers and employees to engage in an interactive process to determine the most appropriate accommodation for the employee’s specific situation. This process is meant to be flexible, recognizing that every pregnancy is different and that the needs of each worker will vary.

5. Documentation Requirements

One of the significant changes introduced by the PWFA is the modification of documentation requirements. Under the ADA, employers might require substantial medical documentation before granting accommodations. However, the PWFA reduces this burden, requiring only the minimum necessary documentation to confirm the condition and the need for accommodation.

Employers can still request documentation in certain cases, but the emphasis is on reducing unnecessary barriers for employees seeking accommodations. The law is clear that employers should not make the process overly burdensome or invasive. The focus is on creating a supportive environment where pregnant workers feel comfortable requesting the adjustments they need to continue performing their jobs.

6. Denying Accommodation Requests

While the PWFA obligates employers to provide reasonable accommodations, there are circumstances where an employer might deny a request. The key term in this context is “undue hardship.” If providing a particular accommodation would cause significant difficulty or expense for the employer, they may be able to deny the request. However, the burden of proof is on the employer to demonstrate that the hardship is indeed undue.

The law also emphasizes that employers should explore alternative accommodations if the initial request cannot be fulfilled. The goal is to find a solution that works for both the employee and the employer, ensuring that the employee can continue working while minimizing disruption to the business.

7. Interaction with Other Laws

It’s important to note that the PWFA does not replace other federal, state, or local laws that provide protections for workers affected by pregnancy, childbirth, or related medical conditions. Instead, it adds another layer of protection, complementing existing laws like the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act (PDA).

Employers must be aware of the various laws that apply to their workforce and ensure that they are in compliance with all relevant regulations. The PWFA serves as a reminder that pregnant workers have multiple avenues of protection and that employers should strive to create an inclusive and supportive workplace for all.

How to Prepare for PWFA Compliance

With the PWFA taking effect on June 18, 2024, employers should start preparing now to ensure they are fully compliant with the law. Here are some steps that can help:

1. Review and Update Policies: Employers should review their current policies related to pregnancy, accommodations, and disabilities. Update these policies to reflect the requirements of the PWFA, ensuring that all relevant accommodations are clearly outlined.
2. Train HR and Management Teams: It’s crucial that HR professionals and managers understand the new law and how to handle accommodation requests. Provide training to ensure that everyone involved in these decisions is informed about the PWFA’s requirements and the importance of providing reasonable accommodations.
3. Communicate with Employees: Make sure that employees are aware of their rights under the PWFA. Provide information about how they can request accommodations and what documentation, if any, will be required.
4. Engage in Interactive Processes: When an employee requests an accommodation, engage in a collaborative process to determine the best solution. This process should be ongoing, with adjustments made as necessary to meet the employee’s needs.
5. Seek Legal Guidance: If there are any uncertainties about how to comply with the PWFA, consider seeking legal guidance. This can help ensure that your company is fully compliant with the law and that you are providing the necessary protections to your employees.

Final Thoughts

The Pregnant Workers Fairness Act represents a significant step forward in protecting the rights of pregnant workers across the United States. By understanding the law and taking the necessary steps to comply, employers can create a more inclusive and supportive workplace where all employees can thrive. As the June 18, 2024, deadline approaches, now is the time to review your policies, train your teams, and ensure that your company is ready to meet the requirements of the PWFA.

If you need assistance in implementing PWFA accommodations or updating your company’s policies, book a call with one of our HR experts today.