On June 27, 2023, Congress passed the Pregnant Workers Fairness Act ("PWFA") to protect the rights of pregnant employees and applicants. The PWFA mandates that covered employers—specifically, private sector employers with 15 or more employees—must provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions unless doing so would cause undue hardship for the employer.
On April 15, 2024, The Equal Employment Opportunity Commission ("EEOC") issued a Final Rule that provides much-needed guidance on the PWFA. The Rule, effective June 18, 2024, clarifies employers' obligations and underscores the need for immediate policy updates to ensure compliance.
While the Pregnancy Discrimination Act already prohibits discrimination based on pregnancy, childbirth or related medical conditions, the PWFA goes a step further by requiring accommodations for these conditions, regardless of their temporary nature or whether they qualify as disabilities under the Americans with Disabilities Act ("ADA").
Key Provisions of the PWFA
- Coverage and Obligations:
- Who is Covered: Employers covered by Title VII of the Civil Rights Act of 1964 are also covered under the PWFA. The process for filing a charge and the remedies available to employees align with Title VII, with the potential for damages to be limited if the employer makes a good faith effort to provide reasonable accommodation.
- Covered Limitations: The PWFA takes a broad view of "pregnancy, childbirth or related medical conditions," including lactation, miscarriage, stillbirth and choices regarding abortion as related medical conditions.
- Employer Requirements:
- Reasonable Accommodation: Employers must provide reasonable accommodations for "known limitations", which must be communicated by the employee or their representative. Accommodations might include frequent breaks, modified work schedules, telework, light duty, job restructuring and more. Employers are required to engage in an interactive dialogue to identify suitable accommodations and avoid unnecessary delays or demands for medical documentation.
- Known Limitation: "Known limitation" is defined in the PWFA as a "physical or mental condition related to, affected by, or arising out of pregnancy, childbirth or related medical conditions that the employee or the employee's representative has communicated to the covered entity, whether or not such condition meets the definition of disability" under the ADA.
- Undue Hardship: An accommodation is not reasonable if it imposes significant difficulty or expense on the employer. Simple accommodations like allowing water at workstations, additional restroom breaks and flexible seating arrangements are generally considered reasonable and should be provided unless they cause undue hardship.
- Differences from the ADA:
- The PWFA covers limitations that are temporary and related to pregnancy, childbirth or related conditions, which may not meet the ADA's criteria for disabilities. Unlike the ADA, the PWFA includes employees who cannot perform essential job functions temporarily, provided they can perform them again in the near future (generally within 40 weeks), and such limitations can be reasonably accommodated.
- Documentation and Confidentiality:
- Employers may request documentation to verify the need for accommodation, but this must be limited to necessary information. If the limitation and need for accommodation are obvious, self-attestation by the employee may suffice. Confidentiality requirements under the ADA also apply to information obtained under the PWFA.
- Interaction with Other Laws:
- The PWFA does not supersede other federal, state or local laws offering greater protection. Certain religious organizations may be exempt from some PWFA obligations, particularly concerning abortion-related treatments, which the EEOC has specified it will assess on a case-by-case basis.
Takeaways for Employers
With the EEOC's Final Rule, taking effect on June 18, 2024, employers should review and update their policies and practices to align with the PWFA's requirements. This includes ensuring that all staff are trained on the new accommodations process and understanding the broad scope of conditions covered under the PWFA.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.