Navigating the Pregnant Workers Fairness Act – What Employers Need to Know

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in effect since June 27, 2023, and the EEOC issued a final rule to implement the PWFA, which took effect on June 18, 2024.

Here’s what employers need to know: 

Key Provisions of the PWFA

The PWFA requires covered employers to provide reasonable accommodations to qualified employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship to the employer.

Qualified Employee

An employee or applicant is qualified under the PWFA if they can perform essential functions of the job with or without reasonable accommodations, or if they are temporarily unable to perform essential functions of the job, will be able to perform essential functions in the near future, and the inability to perform the essential functions can be reasonably accommodated.  Thus, even if an employee temporarily cannot perform the essential functions of the job, they still may be entitled to reasonable accommodations.

Understanding “Known Limitation”

A “known limitation” refers to a physical or mental condition related to pregnancy, childbirth, or related medical conditions that the employee or their representative has communicated to the employer. This includes a wide range of conditions, from uncomplicated pregnancies to postpartum anxiety and depression, and even fertility treatments.  This is broader than what may be covered under the ADA.

Responding to Requests for Accommodation

Employers are required to engage in an interactive process with employees seeking accommodations under the PWFA. Employees do not need to use specific language to request accommodations; they simply need to communicate their needs to their employer. Reasonable accommodations may include adjustments to work schedules, changes in job duties, or providing necessary equipment to the employee. The EEOC has indicated that it expects many accommodations can be granted after simple discussions or email exchanges with the employee. Employers are not obligated to provide accommodations if doing so would cause the employer significant difficulty or expense.

Requesting Documentation

An employer can seek supporting documentation or information from the medical provider only if it is reasonable under the circumstances. For example, it is not reasonable to seek supporting documentation if the employee’s limitation and need for an adjustment at work due to the limitation is obvious. Any request for supporting documentation should be limited to documentation confirming the condition and its relation to pregnancy, childbirth, or related medical conditions, and describing the necessary accommodations.

Retaliation and Coercion Measures

The PWFA prohibits retaliation against employees for requesting or using reasonable accommodations, reporting discrimination, or participating in PWFA proceedings. The PWFA also prohibits coercion, which could include coercing an individual to forgo an accommodation to which they are entitled.

Key Takeaways for Employers

• An employee may need differing accommodations as the pregnancy progresses, they recover from childbirth, or the severity of the related medical condition evolves.
• Supervisors who are particularly likely to receive accommodation requests, such as first-level supervisors, should be trained about how to respond to requests under the PWFA.
• Employers should review any existing policies and employee handbooks to ensure they are in compliance with the final rule.
• Many states have existing laws that protect pregnant workers. The PWFA does not replace state or local laws that are more protective. 
• Other federal laws, like Title VII, the ADA, and FMLA, also still apply.