Understanding the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023, is a landmark federal law designed to protect pregnant workers and those with related medical conditions in the workplace. It requires covered employers to provide reasonable accommodations unless doing so would cause an undue hardship to the business. This article provides a comprehensive overview of the PWFA, its implications for employers and employees, and the ongoing legal challenges surrounding its implementation.

What Does the PWFA Cover?

The PWFA extends reasonable accommodation rights to employees and job applicants who experience limitations related to pregnancy, childbirth, or related medical conditions. Unlike previous protections that primarily focused on discrimination, the PWFA specifically addresses the need for workplace adjustments to support a healthy pregnancy, and recovery. An “undue hardship” is defined as significant difficulty or expense .

Defining “Qualified” Under the PWFA

The PWFA employs a two-part definition of “qualified.” First, an individual must be able to perform the essential functions of their position, with or without reasonable accommodation, similar to the standards set by the Americans with Disabilities Act (ADA). Second, the PWFA recognizes an individual as qualified even if they temporarily cannot perform all essential functions, provided that:

• The inability to perform is temporary.
• The individual can perform the essential functions in the near future.
• The inability can be reasonably accommodated.

The final rule defines “temporary” as lasting a limited time, not permanent, and may extend beyond “in the near future.” For pregnancy-related circumstances, the EEOC presumes an employee can perform essential functions “in the near future” – generally within 40 weeks of the suspension of those functions .

What Constitutes a “Related Medical Condition”?

The PWFA’s definition of “pregnancy, childbirth, or related medical conditions” is broad. It includes not only current and past pregnancies but also potential or intended pregnancies, including infertility, fertility treatments, and contraception use. “Related medical conditions” are also broadly defined and include examples such as:

• Termination of pregnancy (miscarriage, stillbirth, abortion)
• Lactation and related conditions
• Menstruation
• Postpartum depression, anxiety, or psychosis
• Preeclampsia
• Gestational diabetes
• And other hormone-related changes

Employer Obligations and Documentation Requests

Employers are limited in the documentation they can request to verify the need for accommodation. They can only request documentation confirming the existence of a physical or mental condition related to pregnancy, childbirth, or a related medical condition, and the need for a specific workplace adjustment. The PWFA sets a minimum documentation standard, and requests exceeding this standard may be considered unreasonable .

Ongoing Legal Challenges

The PWFA and the EEOC’s implementing regulations have faced legal challenges. Texas filed a lawsuit claiming the EEOC overstepped its authority in the rulemaking process. While a federal appeals court initially sided with the EEOC, the decision was vacated for rehearing. 17 states challenged the rule, arguing that requiring accommodations for elective abortions conflicts with state policies. This litigation is currently back in district court .

EEOC Chair Andrea Lucas has also expressed concerns about the breadth of the “related medical conditions” definition, potentially leading to revisions or rescissions of portions of the final rule to focus more narrowly on pregnancy and childbirth conditions.

Practical Tips for Employers

Despite ongoing litigation, the PWFA remains in effect, and employers must comply with its requirements. Here are some practical steps employers can capture:

• Stay informed about legal developments related to the PWFA and relevant state and local laws.
• Review and update employee handbook policies and procedures regarding reasonable accommodations.
• Update PWFA-specific accommodation paperwork.
• Train managers and HR staff on the PWFA’s requirements.
• Carefully review accommodation requests and consult with legal counsel when needed.

Key Takeaways

• The PWFA requires employers to provide reasonable accommodations for pregnancy-related limitations.
• The definition of “related medical conditions” is broad and evolving.
• Employers must comply with the PWFA while navigating ongoing legal challenges.
• Proactive policy updates and employee training are crucial for compliance.