What Employers Should Know About Accommodations for Pregnant Employees
The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, goes into effect next Tuesday, June 27. The act expands the requirements of the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964, which mandate reasonable accommodations for disabilities, pregnancy, and religious beliefs. PWFA requires employers to provide reasonable accommodations for employees with known limitations due to pregnancy, childbirth, or related conditions unless doing so would create an undue hardship on the employer. Here are a few things that employers need to know about the PWFA.
While specific “reasonable accommodations” depend on the individual circumstances of each case, here are some examples.
Providing a chair or stool for pregnant employees with jobs that involve standing
Allowing more frequent bathroom breaks
Reassigning heavy lifting duties for pregnant employees
Offering a temporary transfer to a less strenuous or hazardous position
Permitting an employee to work from home
The best solutions, of course, come from the employer and employee openly discussing the limitations and how best to maintain health and performance.
Among the important takeaways from the PWFA for employers, as noted by attorney Andrew Adams in an update for JD Supra, are:
An employee’s pregnancy-related medical restrictions no longer must rise to the level of a disability to be eligible for reasonable accommodations.
Employers can only require an employee to take leave as a last resort.
Employers must accommodate pregnant employees even when they temporarily are unable to perform essential job functions.
According to A Better Balance, an advocacy group that combats discrimination against pregnant workers and caregivers, the PWFA is a “landmark civil rights law that will ensure pregnant and postpartum workers are not forced off the job, and get the accommodations they need, without facing discrimination or retaliation in the workplace.” Other advocacy groups strongly agree. The Equal Employment Opportunity Commission is a bit more moderate, emphasizing that the PWFA applies only to accommodations, as existing laws already make discrimination against such workers illegal.
Regardless of slant, the EEOC will accept charges under the act starting June 27 and employers must comply. Keep in mind that your longstanding policy against discrimination on the basis of pregnancy may not cover the required accommodations under PWFA. To protect your business from litigation, contact your employment attorney as soon as possible. We are, of course, available and happy to help.