From the desk of Tracie DeFreitas, M.S., Program Leader, Director of Training and Outreach
The Pregnant Workers Fairness Act (PWFA) requires covered employers to make reasonable accommodations for qualified applicants and employees known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless they cause an undue hardship. It also establishes clearer guidelines for pregnant workers than the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), and defines actions covered employers cannot take.
Terms like "reasonable accommodation," "undue hardship," and “interactive process” in the PWFA will be familiar to employers who are preparing to comply with this federal law. These terms are borrowed from the ADA, a similar accommodation law, but the PWFA has some distinct differences. To help determine effective accommodations, employers and workers with known limitations related to pregnancy, childbirth, or related medical conditions who request accommodations can work together in an "interactive process" to come up with reasonable accommodation solutions.
JAN can be a partner in the accommodation process by providing accommodation solutions and resources to facilitate inclusion of applicants and employees known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.
To help prepare employers to make PWFA accommodations, the following tips might be useful:
- Be informed: Know your responsibilities under federal and state pregnancy-related laws. Gather information and take advantage of resources that offer technical assistance, like the EEOC, Department of Labor (DOL), and JAN. Being informed about the law will better equip you to develop non-discriminatory policies and procedures. Also, update your EEO poster.
- Review and update accommodation policies and procedures: Ensure that workers affected by pregnancy, childbirth, or related medical conditions are not excluded from accommodation consideration by updating reasonable accommodation policies and procedures and training staff to recognize and respond to accommodation requests. This might include editing or creating a form that employees can use to request an accommodation under the PWFA, and ensuring that forms used to collect medical information comply with PWFA limitations on supporting documentation.
- Train supervisors, managers, and human resources professionals on the various federal and state laws that apply in pregnancy-related situations. Teach them to recognize and respond to accommodation requests and engage in the interactive accommodation process.
For more information, see What You Should Know About the Pregnant Workers Fairness Act and JAN’s Accommodation and Compliance: Pregnancy.
