How the Pregnant Workers Fairness Act Is Changing the Workplace

Published by Ty Hyderally at October 10, 2024

Understanding the Pregnant Workers Fairness Act

The PWFA is a federal law that ensures employees affected by pregnancy, childbirth, or related medical conditions are entitled to reasonable accommodations in the workplace. Previously, the Americans with Disabilities Act (ADA) only required accommodations for pregnancy-related disabilities, so many pregnant workers didn’t have the support they needed. Now, under the PWFA, employers are required to “make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee.”

The PWFA goes further than the ADA by expanding the definition of conditions that require accommodations. These now include pregnancy itself and related medical conditions like postpartum depression, lactation, and even past or potential pregnancy. For employers, this means taking steps to accommodate a wide range of situations, from providing extra restroom breaks to offering modified work duties.

Legal Obligations for Employers Under the Pregnant Workers Fairness Act

Employers in New Jersey, New York, and across the country must be aware that the PWFA mandates a proactive approach to providing accommodations. Here are the key obligations employers now face:

Reasonable Accommodations Must Be Provided
Employers must now offer reasonable accommodations unless doing so would cause an undue hardship. This could include offering lighter duties, flexible schedules, or allowing employees to sit or take breaks more frequently. These accommodations are similar to those provided under the ADA but are now mandatory for all pregnant workers, not just those with complications.
The Interactive Process Is Key
Employers must engage in an interactive process with the employee to identify the most effective accommodation. This process should be initiated as soon as an employee makes their pregnancy-related condition known to the employer. Unlike other types of accommodations, employees don’t need to provide extensive documentation; the PWFA doesn’t require formal requests to trigger.
No Delay in Providing Accommodations
Employers must act quickly to accommodate requests. Delaying accommodations, asking for unnecessary documentation, or requiring employees to take leave when they don’t want to can lead to legal challenges. The law emphasizes that temporary or interim accommodations should be offered immediately while the employer works out a long-term solution in the meantime.

How to Comply with the Pregnant Workers Fairness Act as an Employer

Employers who fail to comply with the PWFA can find themselves facing costly pregnancy discrimination lawsuits. To avoid these legal pitfalls, businesses need a proactive approach to pregnancy accommodations. Here are several steps employers can take to make sure they’re in compliance:

Update Workplace Policies
The first step is to review and update your company’s accommodation policies. Make sure that your policies explicitly cover pregnancy and related conditions and that they’re separate from ADA or FMLA policies. Make sure all requests for accommodations are processed swiftly and without unnecessary delays.
Train Managers and HR Staff
Your supervisors and HR professionals should be trained to recognize accommodation requests and to act quickly when an employee raises an issue. This training should also cover how to engage in the interactive process and document accommodations appropriately. Employers who fail to train their staff properly are more likely to make mistakes that could result in costly discrimination claims.
Prepare for Unique Situations
The PWFA covers a wide range of pregnancy-related conditions, including lactation and postpartum recovery. Employers must be prepared to offer accommodations that go beyond the typical adjustments for pregnancy. For example, this could include setting up lactation rooms, modifying job duties temporarily, or allowing remote work in cases where the employee faces a heightened risk of infection.

Avoiding Pregnancy Discrimination Lawsuits

One of the most effective ways to avoid pregnancy discrimination lawsuits is fostering a workplace environment that prioritizes compliance with the PWFA to begin with. Employers should strive to go beyond the minimum legal requirements and make their work environment more supportive for pregnant employees. This reduces the potential for litigation, with the added benefit of boosting employee morale and retention.

At Hyderally & Associates, we have extensive experience in helping businesses develop policies that comply with the latest employment laws. As an employment law attorney licensed in New Jersey and New York, I have firsthand experience with protecting employers and employees from legal issues with proactive measures like this. If you have any questions about your compliance with the Pregnant Workers Fairness Act, you should give your local employment law attorney a call.

Ensuring Pregnant Workers Fairness Act Compliance

The Pregnant Workers Fairness Act brings about a big change in the way employers need to accommodate pregnant workers. By understanding their legal obligations and taking steps to comply, businesses can avoid exposing themselves to pregnancy discrimination lawsuits. As Ty Hyderally, expert on pregnancy discrimination, I thrive on helping employers navigate changes like this. Contact Hyderally & Associates for guidance on how to comply with the Pregnant Workers Fairness Act and make sure that your workplace follows federal and state laws. By following these steps, employers can create a more inclusive and supportive workplace while avoiding legal pitfalls.