Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA), went into effect on June 27, 2023. On April 15, 2024, the EEOC issued its final regulation to carry out the law. The final regulation is effective as of June 18, 2024. PWFA mandates that employers provide reasonable accommodations to a qualified applicant’s or employee’s known limitations related to, affected by, or arising out of pregnancy, childbirth or related medical conditions, absent undue hardship on the University. The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. Final provisions of the PWFA can be found here: PWFA.

Key Provisions of the Pregnant Workers Fairness Act

• Employers must provide reasonable accommodations to pregnant qualified applicants and employees under the PWFA.
  
  
• Accommodations may include, but are not limited to, more frequent bathroom breaks, seating, limits on heavy lifting, temporary transfer to less strenuous or hazardous positions, flexible scheduling and leave.
  
  
• The EEOC has identified a list of Predictable Assessments that are required to be accommodated immediately:
  • Allowing an employee to carry or keep water and drink, as needed, in or nearby the employee’s work area;
  • Allowing an employee to take additional restroom breaks, as needed;
  • Allowing an employee whose work requires standing to sit, and vice versa, as needed;
  • Allowing an employee to take breaks, as needed, to eat and drink
    
    
• Additional examples of reasonable accommodations that do not require medical documentation include but are not limited to:
  • Changing a uniform or dress code or providing safety equipment that fits;
  • Changing a work schedule, such as having shorter hours, part-time work, or a later start time;
  • Telework;
  • Temporary reassignment;
  • Temporary suspension of one or more essential functions of a job;
  • Leave for health care appointments;
  • Light duty or help with lifting or other manual labor
    
    
• In some instances, medical documentation may be requested. Examples that may require medical documentation include, leave to recover from childbirth or other medical conditions related to pregnancy or childbirth, including but not limited to, infertility and fertility treatment, high blood pressure, menstruation, use of birth control, and termination of pregnancy, including miscarriage. These requests should be submitted to PWFA Accommodation Request.
  
  
• Employers cannot force an employee to take leave if another reasonable accommodation can be provided that would allow the employee to continue working. Employers must consider other accommodations before requiring an employee to take leave.
  
  
• Employers are required to engage in an interactive process with employees to determine reasonable accommodations. This involves a dialogue between the employer and employee to identify needs and explore effective accommodation solutions. Please refer to the Supervisor Responsibilities and Resources and Employee Responsibilities and Resources guides for your role as the supervisor or employee.
  
  
• Employers must inform employees of their rights under the PWFA. This includes posting notices in the workplace and providing information in employee handbooks or other written communication

These provisions aim to ensure that pregnant workers are treated fairly and can continue to work safely without facing discrimination or unnecessary hardship. Employers are encouraged to be proactive in creating supportive workplace environments that accommodate the needs of qualified applicants and employees.

Pregnant Workers Fairness Act Responsibilities and Resources

Please refer to the following responsibilities and resources for employees and supervisors:  

PWFA Employee Responsibilities and Resources

PWFA Supervisor Responsibilities and Resources

Questions

If you have questions or concerns with an accommodation request, please contact your Human Resource Business Partner for guidance.

PWFA requests that may require medical documentation or require additional review can be submitted to PWFA Accommodation Request for review and evaluation. A representative from HR will reach out to you within 48-72 hours of the request being submitted.