JAN Newsletter - July 2024

Question

An employee told her manager that she needs more frequent restroom breaks because she is pregnant, but she did not submit a formal request for accommodation or complete our online form for requesting an accommodation. Is this considered a request for accommodation under the Pregnant Workers Fairness Act (PWFA)?

Answer

Yes. According to the Equal Employment Opportunity Commission (EEOC), to request a reasonable accommodation due to pregnancy and related limitations an employee should tell the employer that they have a limitation and need an adjustment or change at work due to the limitation. However, the PWFA does not obligate an employee to express their need for accommodation in the form of a request or to ask for the change in writing. Employees may use plain language to request an accommodation and need not mention the PWFA or use the phrase “reasonable accommodation” or any other specific words or phrases. Once the employer knows an employee needs an accommodation due to pregnancy, the employer should promptly engage in the “interactive process” with the employee. To learn more, read the EEOC resource What You Should Know About the Pregnant Workers Fairness Act.

Pregnancy can be a joyous and exciting time for expecting workers. When pregnancy-related limitations arise, employers can make work-related adjustments, enabling employees who are pregnant to continue working during their pregnancy. Collaboration between the individual and employer in an interactive process to find accommodation solutions is crucial to achieving successful employment outcomes. Every accommodation situation is unique and should be addressed individually, taking into account the specific circumstances, but here are examples from the EEOC as a starting point:

• Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom;
• Changing food or drink policies to allow for a water bottle or food;
• Changing equipment, devices, or workstations, such as providing a stool to sit on, or a way to do work while standing;
• Changing a uniform or dress code or providing safety equipment that fits;
• Changing a work schedule, such as having shorter hours, part-time work, or a later start time;
• Telework;
• Temporary reassignment;
• Temporary suspension of one or more essential functions of a job;
• Leave for health care appointments;
• Light duty or help with lifting or other manual labor; or
• Leave to recover from childbirth or other medical conditions related to pregnancy or childbirth.

Employers and individuals looking for accommodation solutions beyond the examples above can reach out to JAN. For ideas related to managing PWFA accommodation requests, see JAN's Preparing for PWFA Accommodation Requests.

For more information on the PWFA and the interactive process, refer to EEOC's What You Should Know About the PWFA and the Summary of Key Provisions of EEOC's Final Rule to Implement the PWFA. 

• Accommodation and Compliance: Pregnancy
• Appendix A to Part 1636—Interpretive Guidance on the PWFA
• Enforcement Guidance on Pregnancy Discrimination and Related Issues
• Final Rule PART 1636—Pregnant Workers Fairness Act
• Preparing for PWFA Accommodation Requests
• Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)
• Summary of Key Provisions of EEOC's Final Rule to Implement the PWFA
• Tips for Small Businesses: Pregnancy, Childbirth, or Related Medical Conditions Accommodations 
• What You Should Know About the PWFA

New Training: "Navigating Pregnant Workers Fairness Act Accommodation Requests"

The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to qualified employees or applicants with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless it will cause the employer undue hardship. "Navigating Pregnant Workers Fairness Act Accommodation Requests," a virtual training by the Job Accommodation Network (JAN) created in collaboration with Jeanne Goldberg, Attorney Advisor to the Deputy General Counsel at the Equal Employment Opportunity Commission (EEOC), guides employers on PWFA requirements, highlights key distinctions between the PWFA and the Americans with Disabilities Act (ADA), and offers insights on the interactive accommodation process.

• View the PWFA Webcast

Managing Accommodations During the Great Return to Office

"Managing Accommodations During the Great Return to Office" is a new JAN resource that offers practical suggestions for managing accommodation requests during the process of transitioning employees from telework back into the workplace.

• Read the Great Return to Office

Follow JAN on Social Media for Essential Strategies and Solutions

Staying informed about strategies for providing effective job accommodation solutions is vital for creating inclusive workplaces. Following the Job Accommodation Network (JAN) on social media is an easy way to access practical and timely resources. JAN offers invaluable insights, practical ideas, and updates on best practices for accommodating employees with disabilities. JAN's content on social media helps employers and individuals stay up-to-date with the latest trends and expert guidance on job accommodations. Find JAN on Facebook and LinkedIn, @JANatJAN on X, and JANInformation on YouTube.

• Follow JAN on Social Media

Help for Small Businesses

The Employer Assistance and Resource Network on Disability Inclusion (EARN) offers a "Small Business Toolkit" that includes information and resources to help small businesses build talent pipelines, address workforce needs, and gain insights into recruiting, hiring, retaining, and advancing people with disabilities. This resource can help small businesses build their talent pipeline and meet their workforce needs.

• Discover the Small Business Toolkit