Reasonable Accommodations & Pregnant Workers

What is a reasonable accommodation when it comes to a pregnant employee? Over the summer, the U.S. Equal Employment Opportunity Commission (EEOC) tried to tackle this question with the creation of the Pregnant Workers Fairness Act (PWFA). The PWFA took effect on June 27, 2023, and is designed to offer more protection to pregnant workers across the U.S.

PWFA requires all employers, with 15 or more employees, to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions (unless the accommodation causes the employer an undue hardship). Keep in mind, that California employers with 5 or more employees, already had to comply with the Fair Employment and Housing Act (FEHA) regarding pregnancy, reasonable accommodation, and lactation accommodation.

Why the Need for More Protections?

You may be wondering why there is a need for more protections under federal law. The Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act of 1964, already prohibits pregnancy discrimination. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with certain conditions related to pregnancy that qualify as a disability. However, neither of these acts cover common pregnancy-related conditions, and some employers don’t use common sense when pregnant employees make requests to lighten their load. The PWFA and FEHA now provide employers with examples of reasonable accommodations, including assigning light duty, permitting more frequent bathroom breaks, or allowing pregnant workers to drink water at their workstations.

Other Accommodations Might Include:

• The ability to sit at a workstation
• Closer parking
• Flexible hours
• Appropriately sized uniforms and safety apparel
• Additional break time to use the bathroom, eat, and/or rest
• Reassignment from activities that are strenuous or dangerous to the health of the baby.

Implementing Pregnancy Protections Into Your Employee Handbook

This is a good time for all employers, including those in California, to review their policies to ensure they are up to date. California employers with up to date policies do not need to do anything yet for the PWFA - we are waiting for regulations that may provide additional requirements, but for now, California employers are all set! 

Policies Should Inform Employees:

• How to request accommodations
• Accommodation requests are subject to the interactive process
• Accommodations will not be available if they constitute an undue hardship

Complaints are Being Accepted

The EEOC has already begun accepting complaints about employers violating the PWFA – with an effective date of June 27, 2023 or later. In the meantime, the EEOC is in the process of preparing regulations (plain language rules that help explain the law) so we will continue to see the PWFA in the news. The best practice for employers who are subject to the PWFA is to grant any reasonable accommodations due to pregnancy or consult legal counsel before you deny an accommodation request.

Posters and Other Resources

The EEOC previously released resources on the PWFA, including a webinar for employers, an informational poster, tips for workers to request accommodations, a short video series, and an updated "Know Your Rights" poster required to be posted in most workplaces. Even though the PWFA doesn’t specifically cover California employers, you must still post the updated EEOC notice of rights as well as the updated federal minimum wage posters, as we reported in a previous blog post.

Need help to ensure your employee handbook is up to date? Give us a call at 800.399.5331 or send an email to [email protected] and we’ll lighten your load and set you up for success!