The government amended the PWFA in 2022 to protect pregnant workers. Prior to this legislation, pregnant employees were covered under the ADA and the PDA, which were not comprehensive enough to provide adequate protection. While this has brought federal pregnancy protections closer to the existing laws in many states, it also presents the issue of compliance for employers as was articulated by the Disability Management Employer Coalition virtual event.
The PWFA addresses two key areas: accommodations and leave. In terms of accommodations, the PWFA connects loopholes between the ADA and PDA. The ADA does not consider pregnancy as a disability; however, the law requires employers to provide reasonable accommodations for employees with physical or mental impairments that severely restrict a significant life activity, even though the condition results from pregnancy or childbirth.
The PDA, on the other hand, does not explicitly require employers to provide accommodations for pregnant workers. However, it does demand equal treatment for pregnant employees concerning their ability to work. If employers offer modified tasks, alternative assignments, leave, or other benefits to other employees, they must also extend these provisions to pregnant employees.
The PWFA changes this equation by granting eligible employees the right to reasonable accommodations if they have “known limitations” that affect their ability to perform essential job functions due to pregnancy, childbirth, or related medical conditions. These limitations need not be disabling, and accommodations must be temporary and not cause undue hardship for the employer.
Notably, the PWFA expressly forbids employers from mandating paid or unpaid leave when alternative reasonable accommodations are available. This stance is a departure from the ADA, where some employers might suggest unpaid leave as an alternative.
The Equal Employment Opportunity Commission (EEOC) has updated its workplace anti-discrimination poster to reflect the new law. Additionally, the EEOC has released draft PWFA regulations, with the final version expected to be published within a year of the law’s enactment.
The EEOC’s proposed interpretation of “related conditions” under the PWFA is quite broad, encompassing preexisting conditions that are exacerbated by pregnancy or childbirth. The list includes, but is not limited to, termination of pregnancy (e.g., abortion), infertility, mental illness, and the use of birth control.
Furthermore, the EEOC has outlined four “simple modifications” that would not impose undue hardship in most cases when requested by a pregnant employee. These include allowing an employee to carry water and drink as needed, providing additional restroom breaks, allowing sitting for employees with jobs that require standing and vice versa, and permitting breaks for eating and drinking.
These accommodations are usually considered reasonable and do not typically require medical documentation from the employee’s provider. HR professionals should be aware of these changes and ensure that their policies and practices are aligned with the new federal standards to avoid potential legal issues.
