One year after enacting the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission (EEOC) has issued its interpretive guidelines for employers. The PWFA requires employers with 15 or more employees to provide reasonable accommodations to qualifying employees and applicants so that they can safely perform essential job duties.
Under the PWFA, qualified employees are those “with or without reasonable accommodation, can perform the essential functions of the employment position.” The PWFA also protects employees or applicants who cannot temporarily perform one or more essential functions but can “in the near future” as the pregnancy ends within 40 weeks of suspending the essential function. The regulations do not define a specific time for “in the near future” for current pregnancies, which may be determined on a case-by-case basis.
What Are Known Limitations Under the PWFA?
The PWFA defines “known limitation” as a “physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or the employee’s representative has communicated to the covered entity, whether or not such condition meets the definition of disability” [under the ADA.] The physical or mental condition can be minor, modest, or episodic.
Employers are prohibited from taking adverse actions against qualified employees or applicants with known limitations and requiring qualified employees to take paid or unpaid leave if another effective accommodation exists.
What Conditions Are Covered Under the PWFA?
Pregnancy and childbirth refer to current pregnancy, past pregnancy, and potential or intended pregnancy, including infertility, fertility treatment, contraception use, labor, and vaginal and cesarean delivery. Covered medical conditions may include, but are not limited to:
- Pregnancy termination, including miscarriage, stillbirth, or abortion,
- Ectopic pregnancy
- Preterm labor
- Pelvic prolapse
- Nerve injuries
- Cesarean or perineal wound infection
- Gestational diabetes
- Preeclampsia and high blood pressure
- Anemia
- Endometriosis
- Nausea or vomiting
- Edema of the legs, ankles, feet, or fingers
- Anxiety, depression, psychosis, and postpartum depression
- Lactation conditions, including low milk supply, engorgement, plugged ducts, mastitis, or fungal infections
What Reasonable Accommodations Are Provided by the PWFA?
Known pregnancy, childbirth, or related medical condition limitations for reasonable accommodations under the PWFA differ somewhat from those outlined in the ADA, as follows:
- Making existing facilities accessible and usable by employees with known limitations
- Job restructuring
- Modified or reduced work schedules
- Restroom breaks
- Drinking, eating, and resting
- Modifying equipment, uniforms, or devices
- Unpaid leave, telework, remote work, or worksite changes
- Temporary suspension of one or more essential job functions
- Adjusting or modifying examinations or policies
Additionally, the PWFA imposes greater requirements for lactation accommodations than the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, including additional categories of exempt employees and a greater scope of accommodations.
What Are Employer Restrictions for Supporting Documents and Medical Information?
Employers can seek medical information from an employee’s healthcare provider but cannot require workers to be examined by a specified physician. Documentation requests must be only work-related.
Under PWFA regulations, employers’ requests for supporting documentation confirming a physical or mental condition are limited and can only be requested in reasonable circumstances. The EEOC states that requests for supporting documentation are not reasonable if:
- Limitations and the need for accommodation are obvious.
- Employer has sufficient information to understand an employee’s physical or mental condition and need for accommodation.
- Employee is currently pregnant and seeking predictable assessment accommodations.
- Employee is lactating, provides self-confirmation, and requires modification to pump or nurse during work hours.
- Employers would provide accommodations to employees without PWFA’s known limitations based on current policy or practice and without documentation.
Under the PWFA, pregnancy, childbirth, or related medical conditions do not need to be the sole, original, or substantial cause of physical or mental conditions to receive accommodations.
The Bucks County Discrimination Lawyers at The Gold Law Firm P.C. Protect Pregnant Workers’ Rights
If you are experiencing pregnancy-related discrimination at work, call the experienced Bucks County discrimination lawyers at The Gold Law Firm P.C. today at 215-569-1999 or contact us online for a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients throughout South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
