In 2023, the U.S. Congress enacted the Pregnant Workers Fairness Act (PWFA), ushering in a new era of protections for pregnant employees. The Equal Employment Opportunity Commission‘s (EEOC) regulations interpreting the PWFA took effect in June 2024, setting clear guidelines for how employers must accommodate pregnant workers.
This blog post will delve into the key provisions of the PWFA, how it strengthens protections for pregnant employees, and the steps employers must take to ensure compliance.
Understanding the Pregnant Workers Fairness Act: What It Means for Pregnant Employees
The PWFA applies to employers with at least 15 employees and mandates accommodations for any known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. This requirement is broader than previous laws, such as the Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA), which primarily focused on disabilities. Under the PWFA, even limitations that might not qualify as disabilities but still affect a pregnant employee’s ability to work must be accommodated.
Broadening the Scope of Accommodations for Pregnant Workers
One of the most significant aspects of the PWFA is its expansion of required accommodations to include a wide range of pregnancy-related conditions. These can include lactation, infertility treatments, postpartum depression, and even potential pregnancy. The EEOC’s regulations clarify that these limitations will be interpreted more broadly than the ADA’s definition of disability, meaning that even minor or temporary impediments must be considered for accommodation.
Temporary Excusal from Essential Job Functions
The PWFA introduces a critical expansion of an employer’s duty to accommodate a pregnant employee by requiring employers to temporarily excuse pregnant employees from performing essential job functions if the inability to do so is temporary, expected to be resolved within 40 weeks, and can be reasonably accommodated, something employers never are required to do under the ADA. Employers must carefully assess whether such accommodations can be made without causing undue hardship. Factors to consider include the length of time the function will remain unperformed and whether temporary employees or other arrangements can be made.
Reasonable Accommodations as Defined by the Pregnant Workers Fairness Act
The PWFA provides specific examples of accommodations that are generally considered reasonable. These include allowing employees to carry and drink water, take additional restroom breaks, sit while working, and take extra breaks for food and water. These accommodations are designed to address the typical needs of pregnant workers and should be provided unless doing so would impose an undue hardship on the employer.
Limits on Medical Documentation Requests for Pregnant Workers
One of the most employee-friendly provisions of the PWFA is the limitation it places on employers’ ability to request medical documentation for pregnancy-related accommodations. Recognizing that pregnant workers may have difficulty obtaining medical appointments and documentation early in their pregnancies or on short notice, the PWFA regulations permit employers to request documentation only if it is reasonable under the circumstances.
In an effort to ease the burden on pregnant employees, the EEOC’s regulations state that it is not reasonable for an employer to require a pregnant employee to provide documentation when both the limitation and the need for accommodation are obvious. For instance, when a pregnant worker requests a different size uniform, safety gear, the ability to carry and drink water, take frequent restroom breaks, be permitted to sit at work, or take additional breaks, documentation should not be required because everyone knows those are common requirements during pregnancy. Similarly, lactation-related accommodations generally should not require medical documentation because they are obvious.
However, in certain situations, it may be reasonable for an employer to request documentation when an employee requests a specific accommodation, such as lifting restrictions, where understanding the precise limitation is necessary for the employer.
Employees should be aware that an employer cannot deny an accommodation or terminate an employee if the employee refuses to provide documentation in response to an employer’s unreasonable request. In fact, just the opposite is true: an employer’s unreasonable request for documentation from a pregnant employee could give rise to claims against the employer for interference or retaliation under the PWFA.
Summary: Ensuring Compliance with the PWFA
The Pregnant Workers Fairness Act significantly enhances the rights of pregnant employees and places new obligations on employers. To understand your employer’s policy and implantation of this new law, employees should:
- Review your employee handbook, including the pregnancy accommodation and leave policies to note any updates or procedures the company provides for requesting an accommodation or a leave of absence related to pregnancy.
- Ensure that medical documentation is provided in a timely manner in response to reasonable requests from the employer, but seek legal advice if you believe the employer’s request is unreasonable because the accommodation is obvious, or for any other reason.
- Keep your employer informed on your status if you go on a leave of absence, including notice regarding your return to work date; when you return to work, ensure you provide doctor’s notes with any work/physical limitations recommended by your healthcare provider, including the anticipated timeframe for the limitations if known.
The Pregnant Workers Fairness Act is an important new law that provides significant workplace protections for some of the most vulnerable members of the workforce. Although many employers make a serious effort to comply with the law, significant number do not. Consequently, it is very important that employees are educated and informed about their workplace rights to ensure that the rules are followed.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California and federal court. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
