Pregnant Workers Fairness Act (PWFA) Flashcards
Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act (PWFA) is a federal law that went into effect on June 27, 2023. It mandates that employers provide reasonable accommodations for employees and job applicants affected by pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer. Below is a detailed breakdown of the policies and regulations under the PWFA:
Coverage
The PWFA applies to:
* Employers with 15 or more employees.
* Includes private sector employers, government employers, and labor organizations.
Reasonable Accommodations
Employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation would cause an undue hardship on the employer.
Examples of reasonable accommodations include:
- Modifying work schedules.
- Allowing more frequent breaks.
- Providing seating for jobs that require standing.
- Reassigning non-essential job duties.
- Offering light-duty assignments or job restructuring.
- Providing access to lactation rooms or breaks.
- Allowing sitting during work hours for employees who are required to stand.
- Providing additional bathroom breaks.
- Adjusting work hours to accommodate doctor’s appointments.
- Temporarily reassigned non-essential job duties.
- Modifying lifting requirements.
Interactive Process
Employers are required to engage in an interactive process with employees to discuss and determine appropriate accommodations based on the employee’s limitations. The interactive process should:
* Begin when an employee requests accommodations due to pregnancy, childbirth, or a related medical condition.
* Involve clear communication between the employee and the employer to determine what accommodations are necessary and possible.
Prohibitions
- Discrimination based on pregnancy, childbirth, or related medical conditions in hiring, firing, promotion, compensation, and other terms or conditions of employment.
- Denying accommodation requests from pregnant workers unless the employer can prove that providing the accommodation would cause an undue hardship.
- Requiring employees to take leave (paid or unpaid) if there are other reasonable accommodations available that would allow the employee to continue working.
- Retaliating against employees who request accommodations or assert their rights under the PWFA.
Undue Hardship Defined
Employers are not required to provide accommodations if doing so would impose an undue hardship on the business. An undue hardship occurs if the accommodation would cause significant difficulty or expense when considering factors such as:
* The employer’s size.
* Financial resources.
* The nature of the accommodation.
* The impact of the accommodation on operations.
Job Protection
Employees requesting accommodations under the PWFA are entitled to job protection, meaning:
* They cannot be fired or demoted due to their accommodation request.
* They must be returned to their original job (or an equivalent role) once they are able to return to work.
Relation to Other Laws
The PWFA is distinct from but complements several other federal laws:
1. Pregnancy Discrimination Act (PDA): Requires employers to treat pregnancy-related conditions the same as other temporary disabilities in terms of benefits and accommodations.
2. Americans with Disabilities Act (ADA): May apply to conditions related to pregnancy (e.g., gestational diabetes or preeclampsia) if they meet the ADA’s definition of disability.
3. Family and Medical Leave Act (FMLA): Provides employees with up to 12 weeks of unpaid leave for pregnancy and childbirth-related conditions.
Employee Rights
- Request accommodations for pregnancy, childbirth, or related medical conditions.
- Be informed of their rights by their employer.
- Not face retaliation for requesting accommodations or asserting their rights under the PWFA.
- Continue working with reasonable accommodations if they are able to perform essential job functions.
Employer Obligations
- Update Workplace Policies: Employers must revise their policies to ensure they accommodate employees affected by pregnancy, childbirth, or related medical conditions.
- Post Information: Employers must inform employees about the availability of accommodations by posting notices in the workplace, similar to other employment law notices.
- Train HR Staff and Supervisors: Employers must train HR staff and supervisors on how to handle accommodation requests and ensure compliance with the PWFA.
- Maintain Confidentiality: Employers must keep employees’ medical information confidential.
Examples of Undue Hardship Considerations
- An employer with limited financial resources may find that accommodating a pregnant worker with specialized equipment or schedule adjustments is too costly.
- A small business with limited staffing may not be able to provide job reassignments or additional work hours to a pregnant employee without significantly disrupting operations.
Missouri State-Specific Considerations
Missouri does not have state-specific laws that override or supplement the PWFA, so employers in Missouri must comply with the federal PWFA provisions. However, the Missouri Human Rights Act (MHRA) prohibits pregnancy discrimination in employment, and employers should ensure compliance with both the federal and state protections.
