Between hormonal fluctuations, fatigue, and morning sickness, and the significant changes the body undergoes, pregnancy can cause a range of physical and medical challenges that make it difficult to maintain the same level of productivity at work. Whether you need additional restroom breaks, a temporary change in responsibilities, or time away from work for medical appointments, these are all reasonable requests.
Until recently, pregnant workers had to choose between a paycheck and the physical health of their pregnancy. Fortunately, with the Pregnancy Workers Fairness Act (PWFA), working parents have a powerful tool to protect their health and their livelihoods. If you are pregnant and your legal rights have been violated, it is highly recommended that you contact an experienced discrimination lawyer as soon as possible.
What the PWFA Requires of Employers
The PWFA is a federal law that took effect on June 27, 2023. Employers with 15 or more employees must provide reasonable accommodations for a qualified employee’s known limitations related to pregnancy, childbirth, or related conditions unless providing an accommodation would create an undue hardship for the employer. Ultimately, the law recognizes that an employee may be able to perform her job, but may need certain reasonable accommodations due to the pregnancy or a related condition. The following are examples of what the PWFA requires of employers:
- Provide reasonable accommodations, including:
- More frequent bathroom, food, water, or rest breaks.
- A later start time or modified work schedule.
- Temporary light-duty work.
- Help with lifting or other physical tasks.
- A stool or modified workstations.
- Temporary reassignment.
- Telework when appropriate.
- Time off for pregnancy-related medical appointments.
- Temporary suspension of certain job duties.
- Leave to recover from childbirth or a related medical condition.
- Discuss the accommodation with the worker. If an employee notifies their employer of a pregnancy-related limitation requiring a workplace change, the employer should discuss the necessary changes and determine the most appropriate accommodation.
- Avoid unnecessary medical documentation. An employer cannot automatically demand a doctor’s note for every accommodation request. The Equal Employment Opportunity Commission (EEOC) says supporting documentation should be requested only when it is reasonable under the circumstances. For some common requests, such as additional bathroom breaks, food or water, or lactation-related accommodations, documentation is generally not required.
- Avoid forcing an employee to take leave. An employer generally may not require the employee to take paid or unpaid leave if another reasonable accommodation would allow them to continue working.
- Avoid retaliation and discrimination. Employers may not punish, fire, demote, or otherwise take adverse action against an employee for requesting or using a PWFA accommodation. The law also prohibits interference or coercion involving an employee’s PWFA rights.
In addition to the federal PWFA law, the Philadelphia Fair Practices Ordinance provides additional protections. For example, an employer may not refuse to provide reasonable accommodations for an employee’s needs related to pregnancy, childbirth, or a related medical condition when the employee requests an accommodation, and the accommodation would not create an undue hardship for the employer. Philadelphia law covers the following accommodations:
- Restroom breaks.
- Periodic rest for employees who stand for long periods of time.
- Assistance with manual labor.
- Leave for a period of disability associated with childbirth.
- Reassignment to a vacant position.
- Job restructuring.
What Counts as a Reasonable Accommodation for Pregnancy?
A reasonable accommodation is a change to the may your work is performed that allows you to continue doing your job. The following are examples of accommodations that may be reasonable under the PWFA:
- Additional restroom breaks.
- Additional breaks to eat or drink water.
- A stool or chair for an employee who normally stands.
- Changes to a work schedule, including a later start time, shorter hours, or temporary part-time work.
- A modified uniform or properly fitting safety equipment.
- Temporary changes to job duties.
- Temporary reassignment.
- Telework in appropriate situations.
- Time off to recover from childbirth or miscarriage.
- Light duty or help with lifting and other physically demanding tasks.
- Time and appropriate conditions for lactation or pumping breast milk.
How the PWFA Differs From the ADA and Title VII
The PWFA, Americans with Disabilities Act (ADA), and Title VII of the Civil Rights Act all protect pregnant workers. However, they do so in different ways.
- The PWFA focuses specifically on accommodation. This is the main difference between the three laws. Under the PWFA, employers must provide reasonable accommodations for a known limitation related to pregnancy, childbirth, or a related medical condition unless doing so would cause a hardship. A key aspect of this law is that the employee need not show that the pregnancy or limitation qualifies as a disability.
- The ADA requires a disability. The ADA works differently. Pregnancy itself is not considered a disability under the ADA. However, a pregnancy-related condition can qualify as a disability. For example, a worker could have a pregnancy-related medical condition that substantially limits a major life activity. If it qualifies as a disability, the ADA’s reasonable-accommodation requirements may apply. While ADA focuses on whether the employee has a covered disability, the PWFA’s focus is much broader. It considers whether the employee has a known limitation related to pregnancy, childbirth, or a related medical condition that requires a reasonable accommodation. This distinction can be important for workers experiencing relatively common pregnancy-related limitations that do not rise to the level of an ADA disability.
- Title VII focuses on discrimination. Title VII, as amended by the Pregnancy Discrimination Act (PDA), prohibits discrimination because of pregnancy, childbirth, or related medical conditions. It requires employers to treat workers affected by pregnancy consistently with other workers who are similar in their ability or inability to work. For example, if an employer gives light-duty assignments to certain employees who cannot perform particular tasks but refuses to consider a pregnant employee for light duty because she is pregnant, Title VII may become relevant. However, Title VII traditionally did not provide the same pregnancy-specific accommodation requirement that the PWFA now provides. The EEOC describes the PWFA as building on the protections already provided by Title VII and the ADA.
What to Do if You Accommodation Is Denied
If your employer denies a Pregnant Workers Fairness Act (PWFA) accommodation request, do not assume the denial is automatically legal. The PWFA generally requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation would cause an undue hardship. The following are steps you can take if your request for a reasonable accommodation is denied:
- Ask why the request was denied. Request the reason in writing. If your employer says the accommodation creates an “undue hardship,” ask what specific difficulty or expense it believes the accommodation would create.
- Continue the conversation. The employer generally should engage in an interactive process with you to discuss your limitations and possible accommodations. If your preferred accommodation is not workable, another accommodation may still be effective.
- Suggest alternatives if appropriate. Depending on your situation, accommodations can include additional bathroom breaks, changes to a work schedule, sitting instead of standing, limits on lifting, temporary changes to certain duties, time off for pregnancy-related appointments, or other workplace adjustments.
- Keep your documentation. Save copies of your accommodation request, emails, text messages, medical documentation, the employer’s response, and notes about conversations with managers or human resources. This can help establish what you requested and how your employer responded.
- Ask your healthcare provider for supporting information if needed. In some circumstances, an employer can request reasonable supporting documentation. However, according to the EEOC, documentation is not always necessary.
- Watch for retaliation. The PWFA also protects workers from certain adverse treatment for exercising their rights or opposing unlawful pregnancy-related discrimination.
- Consider contacting the EEOC. If you believe your employer unlawfully denied your accommodation, you can contact the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC specifically identifies denial of a workplace change needed because of pregnancy, childbirth, or a related medical condition as something that can support a discrimination charge.
Should I Contact a Discrimination Lawyer for a PWFA Complaint?
If your employer violated the PWFA, and you are considering filing an official complaint, it is highly recommended that you contact an experienced discrimination lawyer. The following are examples of how a discrimination lawyer can help you with your case:
- Determine whether the PWFA applies to your situation.
- Determine whether the employer handled the request properly.
- Help gather and preserve evidence.
- Identify retaliation or discrimination.
- Assist with an EEOC charge.
- Discuss potential legal remedies.
Frequently Asked Questions
Do I Need a Doctor’s Note to Request a PWFA Accommodation?
The PWFA does not require a doctor’s note for every accommodation request. It depends on the circumstances and the accommodation being requested.
Can I Take Time Off Under the PWFA?
In some cases, time off may be considered a reasonable accommodation. However, employers generally do not have to provide leave when another accommodation would allow an employee to continue working.
Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Protect the Rights of Pregnant Employees
If your employer has violated the PWFA and failed to provide you with the accommodations you are entitled to, do not hesitate to contact the Philadelphia discrimination lawyers at The Gold Law Firm P.C. We will thoroughly review the details of your case, determine whether your employer violated your legal rights to reasonable accommodations, and negotiate the best possible settlement outcome you deserve. To schedule a free consultation, call us today at 215-569-1999 or contact us online. We are located in Philadelphia and Pennsauken, New Jersey, where we represent clients throughout the surrounding area.
