TL;DR The EEOC's final rule on the Pregnant Workers Fairness Act mandates reasonable accommodations for pregnancy-related conditions, clarifying employer responsibilities and enhancing protections for pregnant employees.
If you're in HR, you've likely heard the buzz about the U.S. Equal Employment Opportunity Commission (EEOC) publishing the final rule to implement the Pregnant Workers Fairness Act (PWFA). This new law, which builds upon the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964, is a significant step forward in workplace rights for pregnant workers. With the final regulations now set to be published in the Federal Register soon, HR professionals must understand what this means for their responsibilities and their employees' rights.
Simply put, the PWFA requires covered employers (those with 15 or more employees) to provide reasonable accommodations for employees with known limitations related to pregnancy, childbirth, or related medical conditions unless doing so would cause undue hardship to the business.
Examples of reasonable accommodations for pregnant workers under PWFA:
Remember, these aren't just nice-to-haves; they are now mandated by federal law, reflecting Congress's commitment to protecting pregnant workers. Covered employers must ensure that their workplace policies or practices do not operate to penalize employees for utilizing accommodations under the PWFA
One of the most helpful aspects of the PWFA final regulations is the wealth of examples of reasonable accommodations. These range from additional breaks to maintain hydration and nutrition to temporary reassignment and even provisions for more complex needs like those arising from fertility treatment or severe morning sickness. These examples help clarify what might qualify as an accommodation, making it easier for HR to make predictable assessments on a case-by-case basis.
A key provision of the PWFA, much like the ADA, is the interactive process. This is an ongoing dialogue between the employer and the pregnant employee about their needs and what adjustments can be made to the workplace or how work is done to meet their needs, without creating an undue hardship on the employer. For instance, if an employee suffering from severe back pain due to pregnancy needs a stool to sit on, this would be a straightforward accommodation that allows her to perform the essential functions of her job.
Download our Interactive Process Template here.
It's important to note that under the Pregnant Workers Fairness Act, employers are not required to seek medical documentation for every accommodation request unless it's deemed necessary under specific circumstances. This eases the process for both employers and employees. However, suppose an accommodation is suspected to impose an undue hardship on the business's operation. In that case, HR must evaluate this carefully, considering that the bar for proving undue hardship is relatively high.
The PWFA is layered on top of existing protections against pregnancy discrimination under federal law. However, it also provides for employer defenses, such as claiming undue hardship or exploring alternative accommodations. Employers may also consider exemptions based on religious grounds or other federal regulations, but these must be handled with sensitivity and legal acumen to avoid violating the PWFA.
Watch our webinar on Understanding the Rights & Responsibilities of Employers and Employees.
The EEOC has prepared extensive interpretive guidance and resources on its website, which can be invaluable in helping HR professionals navigate these new waters. Additionally, staying connected with updates from the EEOC and other related legal insights can help ensure that your organization remains compliant and supportive of its workforce.
One of the most effective strategies under the PWFA is encouraging early and frequent communication about accommodation needs. This applies to pregnancy and any condition under the ADA that might require adjustments in the work environment.
With the final rule now a reality, it's an exciting time for HR professionals to lead the way in implementing important changes. By embracing the PWFA and its requirements, companies can comply with new legal mandates and support a more inclusive and equitable workplace culture.
Remember, understanding and applying the PWFA fosters a supportive work environment that values all employees and ensures they can perform their best, regardless of pregnancy or related conditions. So, let's roll up our sleeves and get to work, ensuring our workplaces are safe, accommodating, and respectful for everyone.
To read the full EEOC article on PWFA’s final regulations, go to EEOC Issues Final Regulation on Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission.
Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place.
Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.
Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.
If you're in HR, you've likely heard the buzz about the U.S. Equal Employment Opportunity Commission (EEOC) publishing the final rule to implement the Pregnant Workers Fairness Act (PWFA). This new law, which builds upon the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964, is a significant step forward in workplace rights for pregnant workers. With the final regulations now set to be published in the Federal Register soon, HR professionals must understand what this means for their responsibilities and their employees' rights.
Simply put, the PWFA requires covered employers (those with 15 or more employees) to provide reasonable accommodations for employees with known limitations related to pregnancy, childbirth, or related medical conditions unless doing so would cause undue hardship to the business.
Examples of reasonable accommodations for pregnant workers under PWFA:
Remember, these aren't just nice-to-haves; they are now mandated by federal law, reflecting Congress's commitment to protecting pregnant workers. Covered employers must ensure that their workplace policies or practices do not operate to penalize employees for utilizing accommodations under the PWFA
One of the most helpful aspects of the PWFA final regulations is the wealth of examples of reasonable accommodations. These range from additional breaks to maintain hydration and nutrition to temporary reassignment and even provisions for more complex needs like those arising from fertility treatment or severe morning sickness. These examples help clarify what might qualify as an accommodation, making it easier for HR to make predictable assessments on a case-by-case basis.
A key provision of the PWFA, much like the ADA, is the interactive process. This is an ongoing dialogue between the employer and the pregnant employee about their needs and what adjustments can be made to the workplace or how work is done to meet their needs, without creating an undue hardship on the employer. For instance, if an employee suffering from severe back pain due to pregnancy needs a stool to sit on, this would be a straightforward accommodation that allows her to perform the essential functions of her job.
Download our Interactive Process Template here.
It's important to note that under the Pregnant Workers Fairness Act, employers are not required to seek medical documentation for every accommodation request unless it's deemed necessary under specific circumstances. This eases the process for both employers and employees. However, suppose an accommodation is suspected to impose an undue hardship on the business's operation. In that case, HR must evaluate this carefully, considering that the bar for proving undue hardship is relatively high.
The PWFA is layered on top of existing protections against pregnancy discrimination under federal law. However, it also provides for employer defenses, such as claiming undue hardship or exploring alternative accommodations. Employers may also consider exemptions based on religious grounds or other federal regulations, but these must be handled with sensitivity and legal acumen to avoid violating the PWFA.
Watch our webinar on Understanding the Rights & Responsibilities of Employers and Employees.
The EEOC has prepared extensive interpretive guidance and resources on its website, which can be invaluable in helping HR professionals navigate these new waters. Additionally, staying connected with updates from the EEOC and other related legal insights can help ensure that your organization remains compliant and supportive of its workforce.
One of the most effective strategies under the PWFA is encouraging early and frequent communication about accommodation needs. This applies to pregnancy and any condition under the ADA that might require adjustments in the work environment.
With the final rule now a reality, it's an exciting time for HR professionals to lead the way in implementing important changes. By embracing the PWFA and its requirements, companies can comply with new legal mandates and support a more inclusive and equitable workplace culture.
Remember, understanding and applying the PWFA fosters a supportive work environment that values all employees and ensures they can perform their best, regardless of pregnancy or related conditions. So, let's roll up our sleeves and get to work, ensuring our workplaces are safe, accommodating, and respectful for everyone.
To read the full EEOC article on PWFA’s final regulations, go to EEOC Issues Final Regulation on Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission.
Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place.
Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.
Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.
