Five baby steps to Pregnant Workers Fairness Act compliance

Now is the time to familiarize yourself with the Pregnant Workers Fairness Act (PWFA), new legislation that became effective in June 2023 to expand rights and protections for pregnant and postpartum employees in the workplace.

With 72% of working women likely to become pregnant while employed and 23% considering leaving their jobs due to lack of reasonable accommodations or fear of discrimination, it's imperative for you and your organization to understand the PWFA and its implications.¹

Here are five actionable steps to help ensure compliance with the PWFA:

Take the time to review the PWFA statute, regulations that are effective June 18, 2024 and EEOC resources.

Pay close attention to key PWFA definitions defined in the statue such as "known limitation," "predictable assessments," "self-confirmation" and "reasonable documentation." The PWFA only applies to employees with known limitations related to pregnancy, childbirth or related medical conditions and requires providing "reasonable accommodations" to perform the essential functions of their job.

When addressing "reasonable accommodation" requests or inquiries related to the PWFA, be mindful of the potential overlap with relevant federal, state or local laws. Over 30 states have their own laws providing accommodations for pregnant workers. The PWFA doesn’t replace any existing laws.

Consider the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), as they may provide greater protection or have different requirements. In most cases, the PWFA provides broader rights to pregnant employees or those affected by pregnancy (through childbirth and related medical conditions) than the ADA. 

Furthermore, if a reasonable accommodation exists that does not impose an "undue hardship" on the employer, under the PWFA qualified employees cannot be compelled to take leave, regardless of whether it is paid or unpaid.

Take a pulse check on your compliance, and share this article with your team, supervisors and HR professionals to promote awareness and understanding of the PWFA. Here are some actions you can take to improve information dissemination within your organization:

As of June 27, 2023, employees can file a PWFA violation complaint against your business with the EEOC. 

Establishing an "interactive process" for streamlined PWFA accommodation requests is essential to stay compliant. This process should include clear guidelines for requesting accommodations, timely responses and consistent protocols. Currently, the request for accommodation under the PWFA must identify the “known limitation” that it’s related to. Additionally, there are no specific key phrases or words that must be used in the request. Having a defined protocol in place can be beneficial in the event of any disputes or legal claims. 

You and your employee must discuss the accommodations together, especially considering that needs and accommodation requests may vary, from morning sickness hindering start times to the need for additional breaks and closer parking.

By following the above steps, you can ensure that you and your teams are adhering to PWFA guidelines and are prepared to provide the necessary accommodations for pregnant workers.

Please note, this information is intended to be educational only and was accurate upon date of publishing.