On June 27, 2023, the Pregnant Workers Fairness Act (PWFA), a federal law enforced by the US Equal Employment Opportunity Commission (EEOC), went into effect. The PWFA mandates that employers with at least 15 employees, along with other covered entities, provide reasonable accommodations for employees with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

On December 18, 2024, the EEOC published guidance to health care providers on how they can help patients seeking childbirth and pregnancy-related workplace accommodations from their employers under the PWFA.

What Employers Need to Know

Requirement and Purpose 

Employers must offer reasonable accommodations for pregnant employees. A reasonable accommodation is described as a change in the work environment or in the way things are usually done that enables an applicant or employee to apply for a job, perform their job, or enjoy access to the same benefits and privileges of employment as other employees. The guidance explains that health care providers can request accommodations for employees under the PWFA.

Covered Individuals 

Employees or applicants are qualified if they can perform essential job functions with or without accommodation, or if they are temporarily unable to perform these functions but can do so in the near future with reasonable accommodations. Limitations are considered “known” when communicated by the employee or their representative.

Requesting Accommodations 

Employees and applicants do not need to use specific language to request accommodations and the interactive process starts once a request is made. Employers cannot require the employee to be examined by a health care provider selected by the employer but may require documentation in certain situations.

Documentation

The EEOC’s recent guidance highlights health care providers’ role in documenting and communicating the need for workplace accommodations and informing patients about their rights under the PWFA.

• Please note that if an employer uses an Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA) medical questionnaire for PWFA purposes, the employer should instruct the employee that only the applicable questions need to be answered.
  • Some employees may be entitled to accommodations under the PWFA if their condition does not meet the definition of disability specified in the ADA and even if they do not qualify for leave under the FMLA.
  • While the physical or mental conditions an employee faces may overlap with disabilities under the ADA or serious health conditions under the FMLA, not all questions on ADA or FMLA forms will be relevant to PWFA requests. However, if an employee is also seeking accommodations under the ADA or leave under the FMLA, the information may be relevant.
• Employers may require that the documentation from a health care provider include the following:
  • Confirm the physical or mental condition with a simple statement, no diagnosis is needed. The problem or impairment may be serious, minor, moderate, or episodic such as fatigue, vomiting, or swelling. It could also be the need to attend medical appointments.
  • Confirm the condition is related to pregnancy, childbirth, or related medical conditions. Pregnancy, childbirth, or related medical conditions do not need to be the sole, original, or substantial cause of the physical or mental condition.
  • Describe the needed workplace adjustment and its expected duration (e.g., change in work schedule, telework, light duty, flexible or longer break to use the restroom, leave for medical appointment, or to recover from childbirth). If the accommodation involves temporarily suspending a main or essential job duty, the documentation should specify that it is temporary and provide an estimate of when the duty can be resumed post-pregnancy or soon after.
  • Include a brief statement of the provider’s qualifications.

Non-Discrimination

The PWFA prohibits discrimination based on pregnancy or related conditions, preventing adverse actions like firing or demotion.

Alternative Solutions and Undue Hardship

While the exact accommodation the employee requests does not have to be provided, employers must collaborate with employees to provide an effective alternative that doesn’t cause undue hardship to the employer.

Confidentiality 

Under the PWFA, employers must keep all medical information related to an accommodation request confidential.

Risks of Noncompliance and Next Steps

Noncompliance with the PWFA can lead to significant legal and financial consequences for employers, including lawsuits, penalties, and reputational damage. To mitigate these risks, employers should:

• Review and Update Policies: Ensure workplace policies align with the PWFA, covering reasonable accommodations, nondiscrimination, and documentation requirements.
• Training and Communication: Train managers and clearly communicate employees’ rights under the PWFA using the employer’s typical communication methods (e.g., handbooks, intranet, or email).
• Prevent Discrimination and Retaliation: Follow the EEOC’s guidance to avoid discrimination or retaliation against employees requesting reasonable accommodations under the PWFA.
• Understand Related Laws: Understand obligations under similar state laws and federal laws such as the ADA, FMLA, and the Pregnancy Discrimination Act (PDA) as well as avoid imposing greater requirements than necessary on employees requesting accommodations under the PWFA.

For more information about the PWFA, visit More Resources About the PWFA | EEOC.